80_FR_45767 80 FR 45620 - Eligibility and Standards for Peace Corps Volunteer Service

80 FR 45620 - Eligibility and Standards for Peace Corps Volunteer Service

PEACE CORPS

Federal Register Volume 80, Issue 147 (July 31, 2015)

Page Range45620-45627
FR Document2015-18789

This proposed regulation would restate and update the requirements for eligibility for Peace Corps Volunteer service, and the factors considered in the assessment and selection of eligible applicants for training and service. The requirements and factors for eligibility and selection were last published in 1984. A revision of the regulation is necessary to conform to changes in Federal laws and regulations, particularly with respect to those prohibiting discrimination on the basis of disability, and to reflect policy changes made by the Peace Corps.

Federal Register, Volume 80 Issue 147 (Friday, July 31, 2015)
[Federal Register Volume 80, Number 147 (Friday, July 31, 2015)]
[Proposed Rules]
[Pages 45620-45627]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18789]


=======================================================================
-----------------------------------------------------------------------

PEACE CORPS

22 CFR Part 305

RIN 0420-AA26


Eligibility and Standards for Peace Corps Volunteer Service

AGENCY: Peace Corps.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This proposed regulation would restate and update the 
requirements for eligibility for Peace Corps Volunteer service, and the 
factors considered in the assessment and selection of eligible 
applicants for training and service. The requirements and factors for 
eligibility and selection were last published in 1984. A revision of 
the regulation is necessary to conform to changes in Federal laws and 
regulations, particularly with respect to those prohibiting 
discrimination on the basis of disability, and to reflect policy 
changes made by the Peace Corps.

DATES: Comments due on or before August 31, 2015.

ADDRESSES: Address all comments to Anthony F. Marra, Associate General 
Counsel, Peace Corps, 1111 20th Street NW., Washington, DC 20526. 
Comments may also be sent electronically to the following email 
address: [email protected].

FOR FURTHER INFORMATION CONTACT: Colin Jones, Office of the General 
Counsel, Policy and Program Analyst, 1111 20th Street NW., Washington, 
DC 20526, and 202-692-2164.

SUPPLEMENTARY INFORMATION: Under the Peace Corps Act (22 U.S.C. 2501 et 
seq.), the Peace Corps is authorized to enroll qualified US citizens 
and nationals as Volunteers to serve abroad, under conditions of 
hardship if necessary, (i) to help the people of interested countries 
meet their need for trained personnel, particularly in meeting the 
basic needs of those living in the poorest areas of such countries, 
(ii) to help promote a better understanding of the American people on 
the part of the people served, and (iii) to help promote a better 
understanding of other peoples on the part of the American people. The 
Peace Corps is authorized to establish the terms and conditions of 
enrollment of Volunteers, as well as the terms and conditions of 
service. The proposed rule would revise and update rules concerning 
eligibility and selection standards for Peace Corps Volunteer service, 
which were last published in the Federal Register over 30 years ago (49 
FR 38939, October 2, 1984), and entered into effect November 1, 1984, 
and currently appear at 22 CFR part 305.

Request for Comments

    The Peace Corps invites public comment on all aspects of this 
proposed rule and will take those comments into account before 
publishing a final rule.
    The proposed rule would make the following changes:
    (1) Introduction. The current introductory section (22 CFR 305.1) 
would be revised to provide new definitions for the three stages 
(Applicant, Trainee, and Volunteer) that an individual who is 
interested in service as a Volunteer passes through. It would also 
provide a definition of the term ``enrollment'', which is used in 
connection with an individual's service as a Volunteer. The section 
would include a general statement explaining the process the Peace 
Corps follows in the selection of Volunteers, as well as to provide 
notice to applicants regarding the importance of submitting complete 
and accurate information in the application process. The section would 
eliminate the recitation of the various anti-discrimination statutes 
that the Peace Corps is obligated to follow and replace it with a clear 
statement that the Peace Corps does not discriminate on various grounds 
in the selection of Volunteers. The section advises that applicants may 
be disqualified, and Volunteers and Trainees may be separated, if the 
Peace Corps determines they provided materially false, misleading, 
inaccurate or incomplete information during the Peace Corps application 
process.
    (2) Eligibility. The eligibility section (22 CFR 305.2) would be 
simplified to cover only the existing citizenship and age criteria for 
Volunteer applicants. Other eligibility factors in the current Sec.  
305.2 would be moved to succeeding sections, where they would be 
updated and expanded.
    (3) Selection Standards. A revised Sec.  305.3 would incorporate 
the selection factors that currently appear in Sec.  305.4. The 
revision would restate the current attributes that an applicant must 
meet for Volunteer service, with a little more detail. It would also 
revise the description of the various personal attributes that are 
taken into account when evaluating applicants. The revised Sec.  305.3 
would explain that the Peace Corps assesses each applicant's personal, 
professional, educational, and legal qualifications in order to select 
those applicants most likely to be successful in a Peace Corps 
assignment, serving under conditions of hardship if necessary, to 
achieve the goals of the Peace Corps. Meeting the several 
qualifications would not in and of itself entitle any individual to 
serve in the

[[Page 45621]]

Peace Corps, because the revision would state that the Peace Corps 
endeavors to select the best qualified individuals from among all 
eligible applicants.
    (4) Medical Status. The revised part 305 would create a new Sec.  
305.4 that replaces the provision on the medical qualifications of 
applicants that currently appears in Sec.  305.2. The revised section 
implements, in relation to applications for Volunteer service, Section 
504 of the Rehabilitation Act. It states that an applicant must have 
the physical and mental capacity required to meet the essential 
eligibility requirements for a Volunteer and sets out those essential 
eligibility requirements, which include the capability to (i) live and 
work independently in an isolated location overseas at the same socio-
economic level and in similar conditions as members of the community to 
which the applicant is assigned; (ii) perform the job to which the 
applicant is assigned; and (iii) complete a specified tour of service 
without undue disruption due to health problems.
    It also requires that, in order for an applicant to be medically 
qualified for Volunteer service, the Peace Corps must have the 
capability to provide necessary or appropriate health care for the 
applicant. It includes a requirement that the Peace Corps consider 
reasonable accommodations in determining whether an applicant has the 
physical and mental capacity required to meet the essential eligibility 
requirements for a Volunteer and whether the Peace Corps has the 
capability to provide necessary or appropriate health care for the 
applicant.
    A new provision provides that an applicant must not pose a direct 
threat, which is defined as a significant risk to the health and safety 
of others that cannot be eliminated by reasonable accommodation, 
removal of architectural, communication or transportation barriers or 
the provision of auxiliary aids or services.
    The proposed revisions include a requirement that an applicant's 
medical eligibility be based on an individualized assessment of the 
factors applicable to reasonable medical accommodations. An applicant 
determined not to be medically qualified for Volunteer service would 
have a right to obtain a further review of the determination by a 
physician and, ultimately, by a review panel. The review panel would 
provide an applicant, who has been medically disqualified, with an 
opportunity to have a further review of that decision. The review panel 
is currently composed of at least five people; at least one is a 
physician and four other health care professional on the staff of the 
Office of Medical Services. In any case involving review of issues of 
mental health, at least one professional staff person from the 
Counseling and Outreach Unit also participates as a voting member of 
the review panel. The decision of the review panel constitutes a final 
agency action and is not subject to further appeal.
    (5) Legal Status. A new Sec.  305.5 would change the eligibility 
qualifications for an applicant who is on parole or probation, 
currently covered in Sec.  305.2(d), and reframe the eligibility 
standard in terms the existence of an arrest or conviction record. The 
revision provides the Peace Corps with greater flexibility to consider 
the nature of the offense, how long ago the offense occurred, whether 
the applicant was acquitted of the offense, the terms of any applicable 
parole or probation, and other relevant facts or indications of 
rehabilitation. Specific standards would be established for drug and 
alcohol related offenses. An applicant rejected because of an arrest or 
conviction would have a right to have a review of the rejection by a 
more senior Peace Corps official outside of the office that made the 
original eligibility determination. It would also eliminate the 
requirement that an applicant not have any court established financial 
or other obligation that cannot be satisfied or postponed during a 
Peace Corps service period.
    (6) Intelligence Background. The Peace Corps has a longstanding 
policy to exclude from Volunteer service individuals who have engaged 
in intelligence activity or related work or who have been employed by 
or connected with an intelligence agency, either for a specific period 
of time or permanently (depending on the agency). This policy is 
founded on the premise that it is crucial to the Peace Corps in 
carrying out its mission that there be a complete and total separation 
of the Peace Corps from the intelligence activities of the United 
States Government or any foreign government, both in reality and 
appearance.
    The current regulation contains a one-sentence statement in Sec.  
305.2(e) regarding the eligibility of applicants having a background 
with an intelligence agency or intelligence activities. It refers 
applicants to provisions of the Peace Corps Manual for more details. 
The new Sec.  305.6 is intended to provide greater transparency for 
applicants regarding this policy.
    The policy covers both employment (defined broadly) by an 
intelligence agency and engagement in intelligence activities. It 
applies to an employee of an intelligence agency even if the employee 
was not engaged in intelligence activities for the intelligence agency. 
An applicant who was employed by an intelligence agency (other than the 
CIA) or engaged in intelligence activities is barred from Peace Corps 
service for a minimum of 10 years. An applicant who was employed by the 
CIA is barred from Peace Corps service permanently.
    The policy also applies to applicants whose background discloses a 
relationship to an intelligence agency or intelligence activity, but 
who was not employed by an intelligence agency or engaged in 
intelligence activities. Such a relationship might be one based on 
familial, personal or financial connections to an intelligence agency 
or intelligence activities. In these cases, the period of ineligibility 
will be determined by the General Counsel based on a number of stated 
factors.
    Serious doubts about an applicant's connection with intelligence 
agencies or activities are to be resolved in favor of exclusion. An 
applicant rejected based on an intelligence background criteria has a 
right to appeal the rejection to the Peace Corps Director.
    (7) Special Circumstances. A new Sec.  305.7 addresses special 
circumstances involving some applicants, which are now covered in Sec.  
305.2(f), (g) and (h).
    The current Sec.  305.2(f) places restrictions on Peace Corps 
Volunteer service for applicants who are married and who wish to serve 
without their spouse. These restrictions have been removed as they are 
no longer relevant to eligibility for Volunteer service. In addition, a 
new Section 305.7(a) expressly provides that two applicants who are 
married or are in a same sex or opposite sex domestic partnership or 
committed relationship may apply to serve together. This codifies in 
regulation the Peace Corps policy on placement of couples, including 
its recent policy to accept same-sex and opposite-sex couple applicants 
on an equal basis whether married, or unmarried and in a committed 
relationship/domestic partnership.
    The current Sec.  305.2(g) places restrictions on the ability of an 
applicant who has dependent children under the age of 18 to serve as a 
Peace Corps Volunteer. These restrictions have been removed because 
they are not relevant to the ability of an individual to serve as a 
Volunteer. However, a new provision has been added that generally 
prohibits dependents and other family members from accompanying a 
Volunteer during service. This provision permits the Peace Corps to 
make exceptions from time to time either on

[[Page 45622]]

a case-by-case basis or for particular categories of Volunteers to the 
extent permitted by Federal law.
    The current policy on military service obligations of applicants 
contained in Sec.  305.2(h) would continue in Sec.  305.7(c), but the 
written statement from a commanding officer would no longer be 
required.
    (8) Background Investigation. Section 22 of the Peace Corps Act 
requires that applicants be investigated to ensure that their 
assignment ``is consistent with the national interest.'' The Peace 
Corps currently satisfies this statutory requirement under Sec.  305.3, 
which requires a National Agency Check (NAC) and background 
investigation for all applicants. A NAC is a clearance conducted by the 
Federal Investigations Services of the U.S. Office of Personnel 
Management (OPM) and is the minimum clearance required for all civilian 
Federal employees.
    Peace Corps has required that Volunteer applicants be cleared 
through a NAC investigation for many years, in large part because it 
was initially the only feasible way to comply with Section 22 of the 
Peace Corps Act. However, there are now other commercial, non-
governmental investigative entities, approved by the Government 
Services Administration, which can provide equivalent clearance 
services for Volunteer applicants.
    The proposed revision of part 305 includes a new Sec.  305.8, 
replacing the current Sec.  305.3. It retains the requirement that all 
applicants accepted for training have an appropriate background 
investigation completed before they can be enrolled as Volunteers. 
However, it does not specify that the background investigation be OPM's 
Federal Investigations Services background investigation for Federal 
employment positions. This change would give Peace Corps flexibility to 
use other contractors to conduct background investigations, as well 
OPM's Federal Investigative Services.

Statement of Effects

Executive Order 12866

    The Office of Management and Budget (OMB) has reviewed the proposed 
regulatory action under Executive Order 12866 and has determined that 
it is a significant regulatory action within the meaning of the 
Executive Order. Consequently, the Peace Corps is providing an 
explanation of the need for the regulatory action and an assessment of 
the potential costs and benefits of the regulatory action.
    (1) Need for Regulatory Action. Under Section 5(a) of the Peace 
Corps Act (22 U.S.C. 2504(a)), the Peace Corps is entitled to enroll 
qualified citizens and nationals into Peace Corps service and is 
delegated authority to establish the terms and conditions of 
enrollment. The Peace Corps last published its terms and conditions of 
enrollment in 1984 and those rules are outdated and need to reflect 
current laws and policies that have been implemented over the past 30 
years. In addition, the structure of the current regulation needs to be 
revised to simplify the description of the information required in 
order to apply to the Peace Corps, as well as the explanation of the 
Peace Corps selection process as described in the Supplementary 
Information section.
    (2) Potential Costs and Benefits. It is difficult to precisely 
quantify the costs and benefits of the proposed regulation that is 
designed to reflect current law and regulations and to make it easier 
for American citizens to apply for service as a Peace Corps Volunteer. 
However, the Peace Corps has concluded that the current regulatory 
structure, and the accompanying application form, is seen as a 
daunting, confusing and time-consuming process, which has discouraged 
many Americans who might otherwise be interested in and well-qualified 
for Volunteer service. The proposed regulation will improve the 
possibility of the most suitable candidates being selected as a 
Volunteer, decrease the barriers to service and broaden the rights of 
applicants. This will be a substantial benefit to all Americans who 
want to serve as Volunteers, as well as being a benefit to the Peace 
Corps which is interested in creating a large, diverse pool of 
qualified, suitable candidates to serve abroad as Volunteers. The Peace 
Corps estimates that agency staff will spend less time reviewing each 
individual application, because the application itself will be shorter. 
For 2015, the Peace Corps anticipates that use of the new application 
will result in a savings of $23.16 per application, compared to the 
former application. With 22,000 expected applications for the year, the 
new application is expected to provide a savings of $509,520 resulting 
from the reduction in staff time spent reviewing applications. However, 
the agency expects that the total number of completed applications will 
increase, and that the agency will not realize immediate cost savings 
from these changes.
    The current regulation lists nine factors as relevant to the 
determination of eligibility. These factors include citizenship, age, 
medical status, legal status, intelligence background, marital status, 
dependents, military service, and failure to disclose requested 
information. This listing combines factors that are basic, clear-cut 
requirements for Peace Corps service, such as the citizenship 
requirement (under the Peace Corps Act only citizens and nationals can 
be Volunteers), along with factors that are more relevant to whether an 
applicant is suitable for Volunteer service or has the requisite 
qualifications to serve as a Volunteer, which involve more judgmental 
and situational issues. As a result, the Peace Corps has found that 
many potential applicants, after reviewing the nine requirements, make 
self-judgments that they are not eligible to apply for Volunteer 
service. In addition, the application form that had been in use until 
June 30, 2014 was over 61 Web pages long and took approximately eight 
hours to complete. This was an added deterrence to many potential 
applicants. Approximately 75 percent of the annual 40,000 individuals 
who started the application never finished it due to its length and 
density. The Peace Corps has recently introduced a new application, 
which is 9 Web pages rather than the former 61 pages. It is estimated 
that each applicant will save approximately 7 hours with the shorter 
application form. The shorter application will clearly benefit 
applicants, because it will result in a reduced paperwork burden on 
applicants. The Peace Corps estimates that the shorter application form 
will result in a savings to the public of approximately $5,840,000. 
This is based on: (i) An assumed hourly wage equivalent of $37.94 
derived from the median wage earnings, including overhead and benefits, 
for persons age 25 or over who have attained a bachelor's degree; (ii) 
the reduction of 7 hours spent on the application; and (iii) 22,000 
applications in 2015.
    The shorter application should also increase the pool of 
individuals who complete an application from the current 10,000 per 
year to over 20,000 per year. Although the Peace Corps is able to 
simplify the application form without regard to a regulatory change, 
the new regulation is needed to accurately reflect the current laws and 
policies that relate to the Volunteer selection process. The proposed 
regulatory action addresses deficiencies in the current regulation that 
have deterred potential applicants and reduced the applicant pool. The 
proposed regulation specifies only two baseline eligibility 
requirements for applying to the Peace Corps. An applicant must be a 
citizen or national of the United States and at least 18 years of age. 
The proposed regulation clearly

[[Page 45623]]

enumerates the suitability and qualification standards that are used by 
the Peace Corps in determining who should be invited to enroll as a 
Volunteer. It explains that an applicant must demonstrate suitability 
for Peace Corps service generally and for the particular assignment for 
which the applicant is being considered. It describes the medical 
qualifications that are applied, taking into account Section 504 of the 
Rehabilitation Act of 1973.
    The proposed regulation gives the Peace Corps greater flexibility 
in accepting applicants with arrest or conviction records. It provides 
a more complete description of how the Peace Corps considers applicants 
who have worked for intelligence agencies or engaged in intelligence 
activities. The current regulation merely says that an applicant with 
an intelligence background may be disqualified, without an explanation 
of the criteria for disqualification in the regulation. As a result, 
applicants may initiate and complete the lengthy application process 
only to be informed that they are not eligible for Volunteer service 
because of having worked for intelligence agencies or having engaged in 
intelligence activities. Other applicants may be deterred from applying 
because they think that any connection to an intelligence background 
disqualifies an applicant. By explaining the intelligence background 
criteria front-end, applicants will be more informed about whether they 
meet Peace Corps selection standards and whether it is worth their time 
to initiate the application process.
    The proposed regulation also reflects the new policy of the Peace 
Corps to accept same sex and opposite sex couple applicants on an equal 
basis whether married or unmarried in a committed relationship. It 
removes some of the restrictions on applicants who have dependent 
children under the age of 18. Finally, the proposed regulation 
incorporates appeal rights when an applicant has been rejected on 
grounds relating to medical status, an arrest or conviction record, or 
for having a background in intelligence activities. Any applicant in an 
expanded list of protected categories who thinks that he or she had 
been discriminated against is given the option for review and 
consideration by the Office of Civil Rights and Diversity at the Peace 
Corps. These proposed changes to the Volunteer application process will 
provide an easier, clearer, faster and more equitable and consistent 
process for potential applicants, and result in a greater number of 
well-qualified applicants available for Peace Corps Volunteer service.

Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b))

    The Director of the Peace Corps certifies that this regulatory 
action will not have a significant adverse impact on a substantial 
number of small entities. The regulation only applies to individuals 
who are interested in service as a Volunteer and has no application to 
small entities.

Unfunded Mandates Act of 1995 (Sec. 202, Pub. L. 104-4)

    This regulatory action does not contain a Federal mandate that will 
result in the expenditure by State, local, and tribal governments, in 
aggregate, or by the private sector of $100 or more in any one year.

Paperwork Reduction Act of 1995 (44 U.S.C., Chapter 35)

    This regulatory action does not contain any paperwork or 
recordkeeping requirements and does not require clearance under the 
Paperwork Reduction Act. The Peace Corps Volunteer application form for 
Volunteer service referenced in the regulation has been approved by the 
Office of Management and Budget (Control Number 0420-0005).

Federalism (Executive Order 13132)

    This regulatory action does not have Federalism implications, as 
set forth in Executive Order 13132. It will not have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.

Executive Order 12291

    This document is not a major rule as described in Executive Order 
12291.

List of Subjects in 22 CFR Part 305

    Aged, Citizenship and naturalization, Civil rights, Discrimination, 
Equal employment opportunity, Foreign aid, Handicapped, Health, 
Intelligence, Nondiscrimination, Political affiliation, Volunteers.

    For the reasons set out in the preamble, the Peace Corps proposes 
to revise 22 CFR part 305 as follows:

PART 305--ELIGIBILITY AND STANDARDS FOR PEACE CORPS VOLUNTEER 
SERVICE

Sec.
305.1 Purpose and general guidelines.
305.2 Eligibility.
305.3 Selection standards.
305.4 Medical status eligibility standard.
305.5 Legal status eligibility standards.
305.6 Applicants with an intelligence background.
305.7 Special circumstances.
305.8 Background investigation.

    Authority:  Sec. 4(b), 5(a) and 22 of the Peace Corps Act as 
amended, 22 U.S.C. 2503(b), 2504(a) and 2521; E.O. 12137, May 16, 
1979; Section 504 of the Rehabilitation Act of 1973; E.O. 13160.


Sec.  305.1  Purpose and general guidelines.

    This part states the requirements for eligibility for Peace Corps 
Volunteer service and the factors considered in the assessment and 
selection of eligible applicants for Peace Corps Volunteer service.
    (a) Definitions. For purposes of this part:
    (1) Applicant means an applicant for enrollment as a Volunteer, who 
has completed and submitted the Peace Corps Volunteer application form.
    (2) Trainee means an applicant for enrollment as a Volunteer during 
any period of training occurring prior to such enrollment.
    (3) Volunteer means an individual who has taken the prescribed oath 
and enrolled for service in the Peace Corps.
    (4) Enrollment means the act by which an individual becomes a 
Volunteer upon successful completion of training and taking the 
prescribed oath of office pursuant to Section 5 of the Peace Corps Act, 
22 U.S.C. 2504.
    (5) Dependent means an individual for whom an applicant or 
Volunteer has a legal or familial obligation to provide financial 
support.
    (6) Family member means any individual related by blood or affinity 
whose close association with the applicant or Volunteer is the 
equivalent of a family relationship.
    (b) Selection. Invitations to serve in the Peace Corps are the 
result of a highly competitive application process. Many more 
individuals apply for Peace Corps Volunteer service than can be 
accepted. Because the Peace Corps cannot accept all eligible and 
qualified Applicants who wish to serve, it evaluates Applicants to 
select the best qualified among eligible Applicants. The Peace Corps 
determines Applicants' eligibility, and assesses their relative skills, 
qualifications, and personal attributes, such as motivation, aptitude, 
fitness for service, emotional maturity, adaptability, productive 
competence, and ability to serve effectively as a Volunteer in a 
foreign country and culture.
    (c) Authority. Under Section 5(a) of the Peace Corps Act, 22 U.S.C. 
2504(a), the President may enroll in the Peace Corps for service abroad 
qualified

[[Page 45624]]

citizens and nationals of the United States. The terms and conditions 
of the enrollment of Volunteers are exclusively those set forth in the 
Peace Corps Act and those consistent therewith which the President may 
prescribe. The President has delegated his authority under Section 5(a) 
of the Peace Corps Act to the Director of the Peace Corps pursuant to 
Executive Order 12137 (May 16, 1979), as amended.
    (d) Non-discrimination. The Peace Corps does not discriminate 
against any person on account of race, color, religion, sex, national 
origin, age (40 and over), disability, sexual orientation, gender 
identity, gender expression, pregnancy, marital status, parental 
status, political affiliation, union membership, genetic information, 
or history of participation in the EEO process, any grievance procedure 
or any authorized complaint procedure. Anyone who feels he or she has 
been discriminated against should contact the Office of Civil Rights 
and Diversity, 202.692.2139, [email protected], Peace Corps, 1111 
20th Street NW., Washington, DC 20526.
    (e) Failure to disclose requested information. In order for the 
Peace Corps to be able to make appropriate selection and placement 
decisions, it is critical that Applicants provide complete and accurate 
information throughout the application process, including information 
provided for a mandatory background investigation. The Peace Corps may 
disqualify an Applicant or separate a Volunteer or Trainee from Peace 
Corps service at any time if the Peace Corps determines that the 
Applicant, Volunteer or Trainee provided materially false, misleading, 
inaccurate or incomplete information during the Peace Corps application 
process.


Sec.  305.2  Eligibility.

    In order to be eligible for enrollment as a Volunteer, Applicants 
must meet mandatory citizenship and age requirements.
    (a) Citizenship. The Applicant must be a citizen or national of the 
United States or have made arrangements to be naturalized prior to 
taking the oath prescribed for enrollment as a Volunteer. Such 
arrangements must be satisfactory to:
    (1) The General Counsel; and
    (2) The Office of Volunteer Recruitment and Selection (VRS) in the 
case of the standard Volunteer program, or Peace Corps Response (PCR) 
in case of programs managed by PCR.
    (b) Age. The Applicant must be at least 18 years old at the time of 
enrollment as a Volunteer.


Sec.  305.3  Selection standards.

    (a) General. To qualify for selection for overseas service as a 
Volunteer, an Applicant must demonstrate that he or she is suitable, 
possessing the requisite personal and professional attributes required 
for Peace Corps service generally, and for the particular Volunteer 
assignment for which he or she is considered. The Peace Corps assesses 
each Applicant's personal, professional, educational, and legal 
qualifications in order to select those Applicants most likely to be 
successful in a Peace Corps assignment, serving under conditions of 
hardship if necessary to achieve the goals of the Peace Corps. Meeting 
these qualifications does not in and of itself entitle any individual 
to serve in the Peace Corps. The Peace Corps endeavors to select the 
best qualified individuals from among all eligible Applicants.
    (b) Personal attributes. Applicants must adequately demonstrate the 
following personal attributes to Peace Corps:
    (1) Motivation. A sincere desire to carry out the goals of Peace 
Corps service, and a commitment to serve a full term as a Volunteer.
    (2) Productive competence. The intelligence and professional 
experience or educational background to meet the needs of the 
individual's assignment.
    (3) Emotional maturity and adaptability. The maturity, flexibility, 
cultural sensitivity, and self-sufficiency to adapt successfully to 
life in another culture, and to interact and communicate with other 
people regardless of cultural, social, and economic differences.
    (4) Skills. In addition to any educational, professional or other 
qualifications and prerequisites that an individual must possess in 
order to be selected for a given assignment, a Trainee must demonstrate 
competence in the following areas by the end of pre-service training:
    (i) Language. The ability to communicate effectively in the 
appropriate language or languages of the country of service with the 
fluency required to meet the needs of the overseas assignment.
    (ii) Technical competence. Proficiency in the technical skills 
needed to carry out the Trainee's assignment as a Volunteer.
    (iii) Knowledge. Adequate knowledge of the culture and history of 
the country of assignment to ensure a successful adjustment to, and 
acceptance by, the host country society, as well as an appropriate 
understanding of the history and government of the United States which 
qualifies the individual to represent the United States abroad.
    (c) Failure to meet standards. Failure to meet initial selection 
standards, failure to attain any of the selection standards by the 
completion of training, or failure to maintain these standards during 
service, may be grounds for de-selection and disqualification from 
Peace Corps service.


Sec.  305.4  Medical status eligibility standard.

    (a) Requirements. Under the Peace Corps Act (22 U.S.C. 2504(e)), 
the Peace Corps is responsible for ensuring that Peace Corps Volunteers 
receive all necessary or appropriate health care during their service. 
To ensure that the Peace Corps will be capable of doing so, Applicants 
must be medically qualified for Peace Corps Volunteer service. An 
Applicant who is otherwise qualified must meet the following 
requirements:
    (1) The Applicant, with or without reasonable accommodation, 
removal of architectural, communication or transportation barriers, or 
the provision of auxiliary aids or services, must have the physical and 
mental capacity required to meet the essential eligibility requirements 
for a Volunteer. In this context, the essential eligibility 
requirements for a Volunteer include, without limitation, the 
capability to:
    (i) Live and work independently in an isolated location overseas at 
the same socio-economic level and in similar conditions as members of 
the community to which the Applicant is assigned;
    (ii) Perform the job to which the Applicant is assigned; and
    (iii) Complete a specified tour of service without undue disruption 
due to health problems.
    (2) The Peace Corps must be capable of providing the Applicant with 
such health care as the Peace Corps deems to be necessary or 
appropriate.
    (3) The Applicant must not pose a direct threat (as defined in 
paragraph (c) of this section).
    (b) Individualized assessment. In determining whether an Applicant 
is medically qualified, an individualized assessment is required 
regarding each of the requirements set forth in paragraph (a) of this 
section.
    (c) Direct threat.
    (1) A direct threat is a significant risk to the health or safety 
of others that cannot be eliminated by a reasonable accommodation, 
removal of architectural, communication or transportation barriers, or 
the provision of auxiliary aids or services.
    (2) In determining whether an Applicant poses a direct threat, the 
Peace Corps will make an

[[Page 45625]]

individualized assessment based on reasonable judgment that relies on 
current medical knowledge or on the best available objective evidence 
to ascertain:
    (i) The nature, duration and severity of the risk;
    (ii) The probability that the potential injury will actually occur; 
and
    (iii) Whether reasonable accommodations, removal of architectural, 
communication or transportation barriers, or the provision of auxiliary 
aids or services will mitigate the risk.
    (d) Reasonable accommodation.
    (1) The term accommodation means modifications to the Peace Corps' 
rules, policies or practices.
    (2) An accommodation is not reasonable if:
    (i) It would modify the essential eligibility requirements for a 
Volunteer;
    (ii) It would modify, among other things, the Applicant's Volunteer 
assignment or the Peace Corps' medical program in a way that would 
result in a fundamental alteration in the nature of the service, 
program, or activity; or
    (iii) It would impose an undue financial and administrative burden 
on the operations of the Peace Corps, including its medical program.
    (3) In determining whether an accommodation would impose an undue 
financial and administrative burden on the operations of the Peace 
Corps, the Peace Corps may take into account, among other things:
    (i) The size and composition of the Peace Corps staff at the post 
of assignment;
    (ii) The adequacy of local medical facilities and the availability 
of other medical facilities;
    (iii) The nature and cost of the accommodation compared to the 
overall number of Volunteers and the overall size of the Peace Corps 
budget; and
    (iv) The capacities of the host country agency and of the host 
community to which the Applicant would be assigned.
    (e) Medical status eligibility review.
    (1) An Applicant who is determined by medical screening staff not 
to be medically qualified for Peace Corps Volunteer service may request 
review of that decision by submitting any relevant information to the 
Office of Medical Services (OMS). The information submitted by the 
Applicant will be reviewed by a physician, and, unless the physician 
determines that the Applicant is medically qualified, by a Pre-Service 
Review Board (PSRB) composed of medical personnel in OMS and advised by 
the General Counsel. Procedures for such review are subject to approval 
by the General Counsel.
    (2) The PSRB will include as voting members at least one physician 
and four other medical professionals in OMS. In any case involving 
review of issues involving mental health, at least one mental health 
professional from the Counseling and Outreach Unit will also 
participate as a voting member.
    (3) The decision of the PSRB will be reviewed by the General 
Counsel for legal sufficiency. Subject to that review, it will 
constitute the final agency action.


Sec.  305.5  Legal status eligibility standards.

    (a) General Requirements. The existence of an arrest or conviction 
record may, but will not automatically, exclude an Applicant from 
consideration for Peace Corps service. The Peace Corps will consider 
the nature of the offense, how long ago the offense occurred, whether 
the Applicant was acquitted of the offense, the terms of any applicable 
parole or probation, and other relevant facts or indications of 
rehabilitation.
    (b) Drug and alcohol related offenses.
    (1) An Applicant with any drug-related conviction, with a 
conviction for public intoxication, driving under the influence (DUI), 
or driving while intoxicated (DWI), with a conviction for reckless 
driving after having been initially charged with DUI or DWI, or with a 
similar alcohol-related conviction, is not eligible to have his or her 
application for Peace Corps service considered until 12 months has 
passed from the date of the incident.
    (2) An Applicant who, at any time on or prior to the day of 
departure for Peace Corps service, is arrested for any drug offense or 
for public intoxication, DUI, DWI or any similar alcohol-related 
offense will have any pending application or invitation for Peace Corps 
service withdrawn. If the charges are dismissed, an Applicant whose 
application or invitation for Peace Corps service was terminated may 
immediately reapply. If the applicant is convicted of the offense, he 
or she may reapply after 12 months from the date of the incident.
    (c) Review process. An Applicant who is rejected for a Volunteer 
position because of an arrest or conviction may request a review of 
that decision by submitting any relevant information to the Associate 
Director of VRS. The Associate Director will review the information 
submitted and consult with the General Counsel. The decision of the 
Associate Director will be the final agency decision. The Associate 
Director may delegate authority to conduct such a review to another 
senior member of VRS, but not to the supervisor of the office making 
the original eligibility determination.
    (d) Subsequent application. An Applicant rejected for service due 
to failure to meet the legal status eligibility standard may reapply at 
a later date, but not sooner than 12 months after the final agency 
decision.


Sec.  305.6  Applicants with an intelligence background.

    (a) General. It has been the longstanding policy of the Peace Corps 
to exclude from Volunteer service any individuals who have engaged in 
intelligence activity or related work or who have been employed by or 
connected with an intelligence agency, either for a specific period of 
time or permanently (depending on the agency). This policy is founded 
on the premise that it is crucial to the Peace Corps in carrying out 
its mission that there be a complete and total separation of Peace 
Corps from the intelligence activities of the United States Government 
or any foreign government, both in reality and appearance. Any 
semblance of a connection between the Peace Corps and the intelligence 
community would seriously compromise the ability of the Peace Corps to 
develop and maintain the trust and confidence of the people of the host 
countries. To ensure that there is not the slightest basis for the 
appearance of any connection between the Peace Corps and the 
intelligence community, this policy contains certain temporary and 
permanent bars to Peace Corps service. Serious doubts about an 
Applicant's connection with intelligence activities are to be resolved 
in favor of exclusion.
    (b) Definitions. For purposes of this section:
    (1) Intelligence activity includes any activities or specialized 
training involving or related to the clandestine collection of 
information, or the analysis or dissemination of such information, 
intended for use by the United States Government or any foreign 
government in formulating or implementing political or military policy 
in regard to other countries. The term intelligence activity includes 
any involvement in covert actions designed to influence events in 
foreign countries. The fact that the name of an employer or the 
description of a person's work uses or does not use the term 
``intelligence'' does not, in and of itself, mean that the person has 
or has not engaged in intelligence activity or related work.
    (2) Intelligence agency includes:
    (i) Any agency, division of an agency, or instrumentality of the 
United States Government that is a member of the

[[Page 45626]]

United States Intelligence Community; and
    (ii) Any other agency, division of an agency, or instrumentality of 
the United States Government or any foreign government, a substantial 
part of whose mission has been determined by the General Counsel to 
include intelligence activities.
    (3) Employment, employee, or employed refer to the existence of a 
relationship of employer and employee, whether full-time or part-time, 
permanent or temporary, whether or not the individual is engaged in 
intelligence activity for an employer, without regard to the length of 
time the relationship existed or is proposed to exist, and includes 
individuals performing duties as volunteers, fellows, interns, 
consultants, personal services contractors, contractors (non-personal 
services contractors), and employees of contractors who were assigned 
to work for an intelligence agency or to engage in intelligence 
activities. Employees of contractors who were or are not themselves 
assigned to work for an Intelligence Agency or to engage in 
intelligence activities are not considered to have been or to be 
employed by an intelligence agency.
    (c) Employment by an intelligence agency or engagement in 
intelligence activities.
    (1) An Applicant currently or formerly employed by the Central 
Intelligence Agency (CIA) is permanently ineligible for Peace Corps 
Volunteer service.
    (2) An Applicant who has been employed by an intelligence agency 
other than the CIA is ineligible for a minimum of 10 years from the 
last day of employment by such intelligence agency. This bar on an 
Applicant who is or was employed by an intelligence agency applies 
whether or not the Applicant was engaged in intelligence activity for 
the intelligence agency.
    (3) An Applicant who has been engaged in intelligence activities is 
ineligible for service as a Volunteer for a period of 10 years from the 
last date on which the Applicant engaged in intelligence activities.
    (4) An Applicant may be ineligible for service for a period in 
excess of 10 years if the General Counsel determines that the 
Applicant's background or work history with regard to intelligence 
activities warrants such action.
    (d) Relationship to intelligence agency or activity.
    (1) An Applicant whose background discloses a relationship to an 
intelligence agency or intelligence activity may be ineligible to serve 
as a Peace Corps Volunteer. The term relationship means any association 
with an intelligence agency or with an intelligence activity, if such 
association could be the basis for an inference or the appearance that 
an Applicant was engaged in an intelligence activity. The association 
could include, but not be limited to, one based upon a familial, 
personal or financial connection to an intelligence agency or with an 
intelligence activity.
    (2) Determinations of the eligibility or periods of ineligibility 
of such Applicants will be made by the General Counsel on a case by 
case basis using the criteria set forth below. Examples of the type of 
relationships among others that could lead to ineligibility are 
Applicants whose spouses, domestic partners, or parents are or were 
involved in actual intelligence activities, or members of the immediate 
family of prominent highly placed officials in an intelligence agency 
who might be the target of harassment or violence overseas as the 
result of family connections. Employment by an organization that has 
been funded by an intelligence agency may also lead to ineligibility.
    (3) In determining whether an Applicant's relationship to an 
intelligence agency or intelligence activity makes the Applicant 
ineligible for service, or in determining the duration of any 
ineligibility, the General Counsel will consider the following factors 
as appropriate:
    (i) Nature of the relationship;
    (ii) The intelligence agency with which the Applicant has the 
relationship;
    (iii) Duration of the relationship;
    (iv) Length of time that has elapsed since the last connection to 
the intelligence agency;
    (v) Where the intelligence activity or work was performed;
    (vi) Nature of the connection with intelligence activity or work;
    (vii) Whether or not the intelligence activity or work involved 
contact with foreign nationals;
    (viii) Whether the connection was known or unknown to the Applicant 
at the time it occurred;
    (ix) Training received, if any;
    (x) Regularity of the contact with foreign nationals, and nature of 
duties, if any;
    (xi) Public knowledge of the activity or connection;
    (xii) Any other information which bears on the relationship of the 
Applicant to an intelligence agency or intelligence activity.
    (e) Determination. VRS is responsible for the initial screening of 
Peace Corps Volunteer applications for compliance with the provisions 
of this policy. In cases where that office is unable to make a decision 
regarding the eligibility of an Applicant under this policy, the 
individual's application will be referred to the General Counsel, who 
will make the determination on eligibility.
    (f) Appeal. VRS will inform all Applicants promptly and in writing 
of any decision to disqualify them based on an intelligence background 
and the reasons for that decision. Applicants have 15 days from the 
date of receipt of the letter from VRS to appeal the decision to the 
Director of the Peace Corps. The decision of the Director of the Peace 
Corps will be the final agency decision.
    (g) Post Peace Corps employment by United States intelligence 
agencies. Pursuant to agreements between the Peace Corps and certain 
intelligence agencies, those intelligence agencies will not employ 
former Volunteers for a specified period after the end of their Peace 
Corps service and will not use former Volunteers for certain purposes 
or in certain positions. Information regarding such agreements may be 
obtained from the Office of the General Counsel.


Sec.  305.7  Special circumstances.

    (a) Couples. Two Applicants who are married to one another or two 
unmarried Applicants who are in a same-sex or opposite-sex domestic 
partnership or other committed relationship are eligible to apply for 
service as a couple. In the case of an unmarried couple, each member of 
the couple must provide a signed affidavit, in a form acceptable to the 
Peace Corps, attesting to their domestic partnership status or 
committed relationship (as the case may be) and their request to be 
considered for assignment as a couple. In all cases, both members of 
the couple must apply and qualify for assignment at the same location.
    (b) Serving with dependents and other family members. In general, 
dependents and other family members may not accompany a Volunteer 
during service. However, the Peace Corps may from time to time make 
exceptions either on a case-by-case basis or for particular categories 
of Volunteers to the extent permitted by Federal law.
    (c) Military service. The Peace Corps welcomes applications from 
veterans, reservists, and active duty military personnel who are 
interested in Peace Corps service after completion of their military 
service. After receiving an invitation for Peace Corps service, 
Applicants with reserve obligations are reminded to comply with all 
requirements to notify their reserve

[[Page 45627]]

component that they will be unavailable for drills and annual training 
because of their Peace Corps service. Such Applicants are urged to 
obtain written confirmation from their reserve component that they have 
complied with these requirements.


Sec.  305.8  Background investigation.

    Section 22 of the Peace Corps Act requires that each Applicant be 
investigated to ensure that enrollment of the Applicant as a Volunteer 
is consistent with the national interest. The Peace Corps therefore 
obtains an appropriate background investigation for all Applicants who 
are invited to serve in the Peace Corps. Information revealed by the 
background investigation may be grounds for disqualification from Peace 
Corps service. Under the Peace Corps Act, if a background investigation 
regarding an Applicant develops any data reflecting that the Applicant 
is of questionable loyalty or is a questionable security risk, the 
Peace Corps must refer the matter to the Federal Bureau of 
Investigation for a full field investigation. The results of that full 
field investigation will be furnished to the Peace Corps for 
information and appropriate action.

    Dated: July 24, 2015.
Alan C. Price,
Associate Director, Management.
[FR Doc. 2015-18789 Filed 7-30-15; 8:45 am]
 BILLING CODE 6051-01-P



                                                 45620                      Federal Register / Vol. 80, No. 147 / Friday, July 31, 2015 / Proposed Rules

                                                 Rehabilitation Act of 1973. For                          PEACE CORPS                                           Request for Comments
                                                 accessibility accommodations please                                                                              The Peace Corps invites public
                                                 send an email to accessibility@ferc.gov                  22 CFR Part 305
                                                                                                                                                                comment on all aspects of this proposed
                                                 or call toll free 1–866–208–3372 (voice)                 RIN 0420–AA26                                         rule and will take those comments into
                                                 or 202–502 -8659 (TTY); or send a fax                                                                          account before publishing a final rule.
                                                 to 202–208–2106 with the required                        Eligibility and Standards for Peace                     The proposed rule would make the
                                                 accommodations.                                          Corps Volunteer Service                               following changes:
                                                   For more information about this                        AGENCY:    Peace Corps.                                 (1) Introduction. The current
                                                 technical conference, please contact                                                                           introductory section (22 CFR 305.1)
                                                                                                          ACTION:   Proposed rule.
                                                 Sarah McKinley, 202–502–8368,                                                                                  would be revised to provide new
                                                 sarah.mckinley@ferc.gov.                                 SUMMARY:   This proposed regulation                   definitions for the three stages
                                                                                                          would restate and update the                          (Applicant, Trainee, and Volunteer) that
                                                   Dated: July 23, 2015.                                  requirements for eligibility for Peace                an individual who is interested in
                                                 Kimberly D. Bose,                                        Corps Volunteer service, and the factors              service as a Volunteer passes through. It
                                                 Secretary.                                               considered in the assessment and                      would also provide a definition of the
                                                                                                          selection of eligible applicants for                  term ‘‘enrollment’’, which is used in
                                                 Appendix: Questions To Address                                                                                 connection with an individual’s service
                                                                                                          training and service. The requirements
                                                 —How should segments be defined for                      and factors for eligibility and selection             as a Volunteer. The section would
                                                  purposes of disaggregation?                             were last published in 1984. A revision               include a general statement explaining
                                                 —Are there scenarios in which pipelines                  of the regulation is necessary to conform             the process the Peace Corps follows in
                                                  should be required to file disaggregated                to changes in Federal laws and                        the selection of Volunteers, as well as to
                                                  information and scenarios in which they                 regulations, particularly with respect to             provide notice to applicants regarding
                                                  should not? List specific scenarios.                    those prohibiting discrimination on the               the importance of submitting complete
                                                 —What would be the additional cost to                    basis of disability, and to reflect policy            and accurate information in the
                                                  report disaggregated information on the                 changes made by the Peace Corps.                      application process. The section would
                                                  Form 6 page 700?                                        DATES: Comments due on or before                      eliminate the recitation of the various
                                                 —What are the potential benefits of requiring            August 31, 2015.                                      anti-discrimination statutes that the
                                                  disaggregated information?
                                                                                                          ADDRESSES: Address all comments to
                                                                                                                                                                Peace Corps is obligated to follow and
                                                 —Do pipelines currently track their revenues
                                                                                                          Anthony F. Marra, Associate General                   replace it with a clear statement that the
                                                  and operating expenses by segment?
                                                                                                          Counsel, Peace Corps, 1111 20th Street                Peace Corps does not discriminate on
                                                 —If pipelines are required to provide cost
                                                                                                          NW., Washington, DC 20526. Comments                   various grounds in the selection of
                                                  information by segments, should they also                                                                     Volunteers. The section advises that
                                                                                                          may also be sent electronically to the
                                                  be required to provide volumes and                                                                            applicants may be disqualified, and
                                                  revenues by segments?
                                                                                                          following email address: pcfr@
                                                                                                          peacecorps.gov.                                       Volunteers and Trainees may be
                                                 —What allocation methods do pipelines use                                                                      separated, if the Peace Corps determines
                                                  to determine the share of overhead and                  FOR FURTHER INFORMATION CONTACT:                      they provided materially false,
                                                  shared costs associated with each segment?              Colin Jones, Office of the General                    misleading, inaccurate or incomplete
                                                  Would this have to change if the                        Counsel, Policy and Program Analyst,                  information during the Peace Corps
                                                  information is broken down by segment,                  1111 20th Street NW., Washington, DC                  application process.
                                                  and if so, how?                                         20526, and 202–692–2164.                                 (2) Eligibility. The eligibility section
                                                 —What, if any, are the drawbacks of the                  SUPPLEMENTARY INFORMATION: Under the                  (22 CFR 305.2) would be simplified to
                                                  current process of providing workpapers to              Peace Corps Act (22 U.S.C. 2501 et seq.),             cover only the existing citizenship and
                                                  parties once a proceeding has been                      the Peace Corps is authorized to enroll               age criteria for Volunteer applicants.
                                                  initiated?                                              qualified US citizens and nationals as                Other eligibility factors in the current
                                                 —In addition to shippers, which ‘‘interested             Volunteers to serve abroad, under                     § 305.2 would be moved to succeeding
                                                  persons’’ should be entitled to request                 conditions of hardship if necessary, (i)              sections, where they would be updated
                                                  workpapers?                                             to help the people of interested                      and expanded.
                                                 —How frequently should shippers and other                countries meet their need for trained                    (3) Selection Standards. A revised
                                                  interested persons be entitled to access                personnel, particularly in meeting the                § 305.3 would incorporate the selection
                                                  workpapers?                                             basic needs of those living in the                    factors that currently appear in § 305.4.
                                                 —Do workpapers need to be provided in                    poorest areas of such countries, (ii) to              The revision would restate the current
                                                  electronic form to be useful? Should the                help promote a better understanding of                attributes that an applicant must meet
                                                  Commission standardize the manner in
                                                                                                          the American people on the part of the                for Volunteer service, with a little more
                                                  which workpapers are presented?
                                                                                                          people served, and (iii) to help promote              detail. It would also revise the
                                                 —What process and protections should be
                                                                                                          a better understanding of other peoples               description of the various personal
                                                  required in connection with making
                                                                                                          on the part of the American people. The               attributes that are taken into account
                                                  workpapers available on request?
                                                                                                          Peace Corps is authorized to establish                when evaluating applicants. The revised
                                                 —What additional costs are associated with
                                                                                                          the terms and conditions of enrollment                § 305.3 would explain that the Peace
                                                  making workpapers available upon request
                                                  as compared to the current process of
                                                                                                          of Volunteers, as well as the terms and               Corps assesses each applicant’s
                                                  making them available once a trial-type
                                                                                                          conditions of service. The proposed rule              personal, professional, educational, and
rmajette on DSK2VPTVN1PROD with PROPOSALS




                                                  hearing has been initiated?
                                                                                                          would revise and update rules                         legal qualifications in order to select
                                                                                                          concerning eligibility and selection                  those applicants most likely to be
                                                 [FR Doc. 2015–18837 Filed 7–30–15; 8:45 am]
                                                                                                          standards for Peace Corps Volunteer                   successful in a Peace Corps assignment,
                                                 BILLING CODE 6717–01–P                                   service, which were last published in                 serving under conditions of hardship if
                                                                                                          the Federal Register over 30 years ago                necessary, to achieve the goals of the
                                                                                                          (49 FR 38939, October 2, 1984), and                   Peace Corps. Meeting the several
                                                                                                          entered into effect November 1, 1984,                 qualifications would not in and of itself
                                                                                                          and currently appear at 22 CFR part 305.              entitle any individual to serve in the


                                            VerDate Sep<11>2014   13:28 Jul 30, 2015   Jkt 235001   PO 00000   Frm 00005   Fmt 4702   Sfmt 4702   E:\FR\FM\31JYP1.SGM   31JYP1


                                                                            Federal Register / Vol. 80, No. 147 / Friday, July 31, 2015 / Proposed Rules                                            45621

                                                 Peace Corps, because the revision would                  professional on the staff of the Office of            an intelligence agency even if the
                                                 state that the Peace Corps endeavors to                  Medical Services. In any case involving               employee was not engaged in
                                                 select the best qualified individuals                    review of issues of mental health, at                 intelligence activities for the
                                                 from among all eligible applicants.                      least one professional staff person from              intelligence agency. An applicant who
                                                    (4) Medical Status. The revised part                  the Counseling and Outreach Unit also                 was employed by an intelligence agency
                                                 305 would create a new § 305.4 that                      participates as a voting member of the                (other than the CIA) or engaged in
                                                 replaces the provision on the medical                    review panel. The decision of the                     intelligence activities is barred from
                                                 qualifications of applicants that                        review panel constitutes a final agency               Peace Corps service for a minimum of
                                                 currently appears in § 305.2. The                        action and is not subject to further                  10 years. An applicant who was
                                                 revised section implements, in relation                  appeal.                                               employed by the CIA is barred from
                                                 to applications for Volunteer service,                      (5) Legal Status. A new § 305.5 would              Peace Corps service permanently.
                                                 Section 504 of the Rehabilitation Act. It                change the eligibility qualifications for                The policy also applies to applicants
                                                 states that an applicant must have the                   an applicant who is on parole or                      whose background discloses a
                                                 physical and mental capacity required                    probation, currently covered in                       relationship to an intelligence agency or
                                                 to meet the essential eligibility                        § 305.2(d), and reframe the eligibility               intelligence activity, but who was not
                                                 requirements for a Volunteer and sets                    standard in terms the existence of an                 employed by an intelligence agency or
                                                 out those essential eligibility                          arrest or conviction record. The revision             engaged in intelligence activities. Such
                                                 requirements, which include the                          provides the Peace Corps with greater                 a relationship might be one based on
                                                 capability to (i) live and work                          flexibility to consider the nature of the             familial, personal or financial
                                                 independently in an isolated location                    offense, how long ago the offense                     connections to an intelligence agency or
                                                 overseas at the same socio-economic                      occurred, whether the applicant was                   intelligence activities. In these cases, the
                                                 level and in similar conditions as                       acquitted of the offense, the terms of any            period of ineligibility will be
                                                 members of the community to which the                    applicable parole or probation, and                   determined by the General Counsel
                                                 applicant is assigned; (ii) perform the                  other relevant facts or indications of                based on a number of stated factors.
                                                 job to which the applicant is assigned;                  rehabilitation. Specific standards would                 Serious doubts about an applicant’s
                                                 and (iii) complete a specified tour of                   be established for drug and alcohol                   connection with intelligence agencies or
                                                 service without undue disruption due to                  related offenses. An applicant rejected               activities are to be resolved in favor of
                                                 health problems.                                         because of an arrest or conviction would              exclusion. An applicant rejected based
                                                    It also requires that, in order for an                have a right to have a review of the                  on an intelligence background criteria
                                                 applicant to be medically qualified for                  rejection by a more senior Peace Corps                has a right to appeal the rejection to the
                                                 Volunteer service, the Peace Corps must                  official outside of the office that made              Peace Corps Director.
                                                 have the capability to provide necessary                 the original eligibility determination. It               (7) Special Circumstances. A new
                                                 or appropriate health care for the                       would also eliminate the requirement                  § 305.7 addresses special circumstances
                                                 applicant. It includes a requirement that                that an applicant not have any court                  involving some applicants, which are
                                                 the Peace Corps consider reasonable                      established financial or other obligation             now covered in § 305.2(f), (g) and (h).
                                                 accommodations in determining                            that cannot be satisfied or postponed                    The current § 305.2(f) places
                                                 whether an applicant has the physical                    during a Peace Corps service period.                  restrictions on Peace Corps Volunteer
                                                 and mental capacity required to meet                        (6) Intelligence Background. The                   service for applicants who are married
                                                 the essential eligibility requirements for               Peace Corps has a longstanding policy                 and who wish to serve without their
                                                 a Volunteer and whether the Peace                        to exclude from Volunteer service                     spouse. These restrictions have been
                                                 Corps has the capability to provide                      individuals who have engaged in                       removed as they are no longer relevant
                                                 necessary or appropriate health care for                 intelligence activity or related work or              to eligibility for Volunteer service. In
                                                 the applicant.                                           who have been employed by or                          addition, a new Section 305.7(a)
                                                    A new provision provides that an                      connected with an intelligence agency,                expressly provides that two applicants
                                                 applicant must not pose a direct threat,                 either for a specific period of time or               who are married or are in a same sex or
                                                 which is defined as a significant risk to                permanently (depending on the agency).                opposite sex domestic partnership or
                                                 the health and safety of others that                     This policy is founded on the premise                 committed relationship may apply to
                                                 cannot be eliminated by reasonable                       that it is crucial to the Peace Corps in              serve together. This codifies in
                                                 accommodation, removal of                                carrying out its mission that there be a              regulation the Peace Corps policy on
                                                 architectural, communication or                          complete and total separation of the                  placement of couples, including its
                                                 transportation barriers or the provision                 Peace Corps from the intelligence                     recent policy to accept same-sex and
                                                 of auxiliary aids or services.                           activities of the United States                       opposite-sex couple applicants on an
                                                    The proposed revisions include a                      Government or any foreign government,                 equal basis whether married, or
                                                 requirement that an applicant’s medical                  both in reality and appearance.                       unmarried and in a committed
                                                 eligibility be based on an individualized                   The current regulation contains a one-             relationship/domestic partnership.
                                                 assessment of the factors applicable to                  sentence statement in § 305.2(e)                         The current § 305.2(g) places
                                                 reasonable medical accommodations.                       regarding the eligibility of applicants               restrictions on the ability of an
                                                 An applicant determined not to be                        having a background with an                           applicant who has dependent children
                                                 medically qualified for Volunteer                        intelligence agency or intelligence                   under the age of 18 to serve as a Peace
                                                 service would have a right to obtain a                   activities. It refers applicants to                   Corps Volunteer. These restrictions have
                                                 further review of the determination by                   provisions of the Peace Corps Manual                  been removed because they are not
rmajette on DSK2VPTVN1PROD with PROPOSALS




                                                 a physician and, ultimately, by a review                 for more details. The new § 305.6 is                  relevant to the ability of an individual
                                                 panel. The review panel would provide                    intended to provide greater                           to serve as a Volunteer. However, a new
                                                 an applicant, who has been medically                     transparency for applicants regarding                 provision has been added that generally
                                                 disqualified, with an opportunity to                     this policy.                                          prohibits dependents and other family
                                                 have a further review of that decision.                     The policy covers both employment                  members from accompanying a
                                                 The review panel is currently composed                   (defined broadly) by an intelligence                  Volunteer during service. This provision
                                                 of at least five people; at least one is a               agency and engagement in intelligence                 permits the Peace Corps to make
                                                 physician and four other health care                     activities. It applies to an employee of              exceptions from time to time either on


                                            VerDate Sep<11>2014   13:28 Jul 30, 2015   Jkt 235001   PO 00000   Frm 00006   Fmt 4702   Sfmt 4702   E:\FR\FM\31JYP1.SGM   31JYP1


                                                 45622                      Federal Register / Vol. 80, No. 147 / Friday, July 31, 2015 / Proposed Rules

                                                 a case-by-case basis or for particular                   U.S.C. 2504(a)), the Peace Corps is                   failure to disclose requested
                                                 categories of Volunteers to the extent                   entitled to enroll qualified citizens and             information. This listing combines
                                                 permitted by Federal law.                                nationals into Peace Corps service and                factors that are basic, clear-cut
                                                    The current policy on military service                is delegated authority to establish the               requirements for Peace Corps service,
                                                 obligations of applicants contained in                   terms and conditions of enrollment. The               such as the citizenship requirement
                                                 § 305.2(h) would continue in                             Peace Corps last published its terms and              (under the Peace Corps Act only citizens
                                                 § 305.7(c), but the written statement                    conditions of enrollment in 1984 and                  and nationals can be Volunteers), along
                                                 from a commanding officer would no                       those rules are outdated and need to                  with factors that are more relevant to
                                                 longer be required.                                      reflect current laws and policies that                whether an applicant is suitable for
                                                    (8) Background Investigation. Section                 have been implemented over the past 30                Volunteer service or has the requisite
                                                 22 of the Peace Corps Act requires that                  years. In addition, the structure of the              qualifications to serve as a Volunteer,
                                                 applicants be investigated to ensure that                current regulation needs to be revised to             which involve more judgmental and
                                                 their assignment ‘‘is consistent with the                simplify the description of the                       situational issues. As a result, the Peace
                                                 national interest.’’ The Peace Corps                     information required in order to apply                Corps has found that many potential
                                                 currently satisfies this statutory                       to the Peace Corps, as well as the                    applicants, after reviewing the nine
                                                 requirement under § 305.3, which                         explanation of the Peace Corps selection              requirements, make self-judgments that
                                                 requires a National Agency Check                         process as described in the                           they are not eligible to apply for
                                                 (NAC) and background investigation for                   Supplementary Information section.                    Volunteer service. In addition, the
                                                 all applicants. A NAC is a clearance                        (2) Potential Costs and Benefits. It is            application form that had been in use
                                                 conducted by the Federal Investigations                  difficult to precisely quantify the costs             until June 30, 2014 was over 61 Web
                                                 Services of the U.S. Office of Personnel                 and benefits of the proposed regulation               pages long and took approximately eight
                                                 Management (OPM) and is the                              that is designed to reflect current law               hours to complete. This was an added
                                                 minimum clearance required for all                       and regulations and to make it easier for             deterrence to many potential applicants.
                                                 civilian Federal employees.                              American citizens to apply for service as             Approximately 75 percent of the annual
                                                    Peace Corps has required that                         a Peace Corps Volunteer. However, the                 40,000 individuals who started the
                                                 Volunteer applicants be cleared through                  Peace Corps has concluded that the                    application never finished it due to its
                                                 a NAC investigation for many years, in                   current regulatory structure, and the                 length and density. The Peace Corps has
                                                 large part because it was initially the                  accompanying application form, is seen                recently introduced a new application,
                                                 only feasible way to comply with                         as a daunting, confusing and time-                    which is 9 Web pages rather than the
                                                 Section 22 of the Peace Corps Act.                       consuming process, which has                          former 61 pages. It is estimated that
                                                 However, there are now other                             discouraged many Americans who                        each applicant will save approximately
                                                 commercial, non-governmental                             might otherwise be interested in and                  7 hours with the shorter application
                                                 investigative entities, approved by the                  well-qualified for Volunteer service. The             form. The shorter application will
                                                 Government Services Administration,                      proposed regulation will improve the                  clearly benefit applicants, because it
                                                 which can provide equivalent clearance                   possibility of the most suitable                      will result in a reduced paperwork
                                                 services for Volunteer applicants.                       candidates being selected as a                        burden on applicants. The Peace Corps
                                                    The proposed revision of part 305                     Volunteer, decrease the barriers to                   estimates that the shorter application
                                                 includes a new § 305.8, replacing the                    service and broaden the rights of                     form will result in a savings to the
                                                 current § 305.3. It retains the                          applicants. This will be a substantial                public of approximately $5,840,000.
                                                 requirement that all applicants accepted                 benefit to all Americans who want to
                                                                                                                                                                This is based on: (i) An assumed hourly
                                                 for training have an appropriate                         serve as Volunteers, as well as being a
                                                                                                                                                                wage equivalent of $37.94 derived from
                                                 background investigation completed                       benefit to the Peace Corps which is
                                                                                                                                                                the median wage earnings, including
                                                 before they can be enrolled as                           interested in creating a large, diverse
                                                                                                                                                                overhead and benefits, for persons age
                                                 Volunteers. However, it does not specify                 pool of qualified, suitable candidates to
                                                                                                                                                                25 or over who have attained a
                                                 that the background investigation be                     serve abroad as Volunteers. The Peace
                                                                                                                                                                bachelor’s degree; (ii) the reduction of 7
                                                 OPM’s Federal Investigations Services                    Corps estimates that agency staff will
                                                                                                                                                                hours spent on the application; and (iii)
                                                                                                          spend less time reviewing each
                                                 background investigation for Federal                                                                           22,000 applications in 2015.
                                                                                                          individual application, because the
                                                 employment positions. This change                                                                                 The shorter application should also
                                                                                                          application itself will be shorter. For
                                                 would give Peace Corps flexibility to                                                                          increase the pool of individuals who
                                                                                                          2015, the Peace Corps anticipates that
                                                 use other contractors to conduct                                                                               complete an application from the
                                                                                                          use of the new application will result in
                                                 background investigations, as well                                                                             current 10,000 per year to over 20,000
                                                                                                          a savings of $23.16 per application,
                                                 OPM’s Federal Investigative Services.                                                                          per year. Although the Peace Corps is
                                                                                                          compared to the former application.
                                                 Statement of Effects                                     With 22,000 expected applications for                 able to simplify the application form
                                                                                                          the year, the new application is                      without regard to a regulatory change,
                                                 Executive Order 12866                                                                                          the new regulation is needed to
                                                                                                          expected to provide a savings of
                                                   The Office of Management and Budget                    $509,520 resulting from the reduction in              accurately reflect the current laws and
                                                 (OMB) has reviewed the proposed                          staff time spent reviewing applications.              policies that relate to the Volunteer
                                                 regulatory action under Executive Order                  However, the agency expects that the                  selection process. The proposed
                                                 12866 and has determined that it is a                    total number of completed applications                regulatory action addresses deficiencies
                                                 significant regulatory action within the                 will increase, and that the agency will               in the current regulation that have
rmajette on DSK2VPTVN1PROD with PROPOSALS




                                                 meaning of the Executive Order.                          not realize immediate cost savings from               deterred potential applicants and
                                                 Consequently, the Peace Corps is                         these changes.                                        reduced the applicant pool. The
                                                 providing an explanation of the need for                    The current regulation lists nine                  proposed regulation specifies only two
                                                 the regulatory action and an assessment                  factors as relevant to the determination              baseline eligibility requirements for
                                                 of the potential costs and benefits of the               of eligibility. These factors include                 applying to the Peace Corps. An
                                                 regulatory action.                                       citizenship, age, medical status, legal               applicant must be a citizen or national
                                                   (1) Need for Regulatory Action. Under                  status, intelligence background, marital              of the United States and at least 18 years
                                                 Section 5(a) of the Peace Corps Act (22                  status, dependents, military service, and             of age. The proposed regulation clearly


                                            VerDate Sep<11>2014   13:28 Jul 30, 2015   Jkt 235001   PO 00000   Frm 00007   Fmt 4702   Sfmt 4702   E:\FR\FM\31JYP1.SGM   31JYP1


                                                                            Federal Register / Vol. 80, No. 147 / Friday, July 31, 2015 / Proposed Rules                                             45623

                                                 enumerates the suitability and                           applicants available for Peace Corps                  305.4 Medical status eligibility standard.
                                                 qualification standards that are used by                 Volunteer service.                                    305.5 Legal status eligibility standards.
                                                 the Peace Corps in determining who                                                                             305.6 Applicants with an intelligence
                                                                                                          Regulatory Flexibility Act of 1980 (5                     background.
                                                 should be invited to enroll as a
                                                                                                          U.S.C. 605(b))                                        305.7 Special circumstances.
                                                 Volunteer. It explains that an applicant                                                                       305.8 Background investigation.
                                                 must demonstrate suitability for Peace                      The Director of the Peace Corps
                                                 Corps service generally and for the                      certifies that this regulatory action will              Authority: Sec. 4(b), 5(a) and 22 of the
                                                                                                          not have a significant adverse impact on              Peace Corps Act as amended, 22 U.S.C.
                                                 particular assignment for which the
                                                                                                                                                                2503(b), 2504(a) and 2521; E.O. 12137, May
                                                 applicant is being considered. It                        a substantial number of small entities.
                                                                                                                                                                16, 1979; Section 504 of the Rehabilitation
                                                 describes the medical qualifications that                The regulation only applies to                        Act of 1973; E.O. 13160.
                                                 are applied, taking into account Section                 individuals who are interested in
                                                 504 of the Rehabilitation Act of 1973.                   service as a Volunteer and has no                     § 305.1    Purpose and general guidelines.
                                                    The proposed regulation gives the                     application to small entities.                           This part states the requirements for
                                                 Peace Corps greater flexibility in                                                                             eligibility for Peace Corps Volunteer
                                                                                                          Unfunded Mandates Act of 1995 (Sec.
                                                 accepting applicants with arrest or                                                                            service and the factors considered in the
                                                                                                          202, Pub. L. 104–4)
                                                 conviction records. It provides a more                                                                         assessment and selection of eligible
                                                 complete description of how the Peace                      This regulatory action does not                     applicants for Peace Corps Volunteer
                                                 Corps considers applicants who have                      contain a Federal mandate that will                   service.
                                                 worked for intelligence agencies or                      result in the expenditure by State, local,               (a) Definitions. For purposes of this
                                                 engaged in intelligence activities. The                  and tribal governments, in aggregate, or              part:
                                                 current regulation merely says that an                   by the private sector of $100 or more in                 (1) Applicant means an applicant for
                                                 applicant with an intelligence                           any one year.                                         enrollment as a Volunteer, who has
                                                 background may be disqualified,                          Paperwork Reduction Act of 1995 (44                   completed and submitted the Peace
                                                 without an explanation of the criteria                   U.S.C., Chapter 35)                                   Corps Volunteer application form.
                                                 for disqualification in the regulation. As                                                                        (2) Trainee means an applicant for
                                                 a result, applicants may initiate and                      This regulatory action does not                     enrollment as a Volunteer during any
                                                 complete the lengthy application                         contain any paperwork or recordkeeping                period of training occurring prior to
                                                 process only to be informed that they                    requirements and does not require                     such enrollment.
                                                 are not eligible for Volunteer service                   clearance under the Paperwork                            (3) Volunteer means an individual
                                                 because of having worked for                             Reduction Act. The Peace Corps                        who has taken the prescribed oath and
                                                 intelligence agencies or having engaged                  Volunteer application form for                        enrolled for service in the Peace Corps.
                                                 in intelligence activities. Other                        Volunteer service referenced in the                      (4) Enrollment means the act by
                                                 applicants may be deterred from                          regulation has been approved by the                   which an individual becomes a
                                                 applying because they think that any                     Office of Management and Budget                       Volunteer upon successful completion
                                                 connection to an intelligence                            (Control Number 0420–0005).                           of training and taking the prescribed
                                                 background disqualifies an applicant.                                                                          oath of office pursuant to Section 5 of
                                                                                                          Federalism (Executive Order 13132)
                                                 By explaining the intelligence                                                                                 the Peace Corps Act, 22 U.S.C. 2504.
                                                 background criteria front-end,                             This regulatory action does not have                   (5) Dependent means an individual
                                                 applicants will be more informed about                   Federalism implications, as set forth in              for whom an applicant or Volunteer has
                                                 whether they meet Peace Corps                            Executive Order 13132. It will not have               a legal or familial obligation to provide
                                                 selection standards and whether it is                    substantial direct effects on the States,             financial support.
                                                 worth their time to initiate the                         on the relationship between the national                 (6) Family member means any
                                                 application process.                                     government and the States, or on the                  individual related by blood or affinity
                                                    The proposed regulation also reflects                 distribution of power and                             whose close association with the
                                                 the new policy of the Peace Corps to                     responsibilities among the various                    applicant or Volunteer is the equivalent
                                                 accept same sex and opposite sex                         levels of government.                                 of a family relationship.
                                                 couple applicants on an equal basis                                                                               (b) Selection. Invitations to serve in
                                                                                                          Executive Order 12291
                                                 whether married or unmarried in a                                                                              the Peace Corps are the result of a
                                                 committed relationship. It removes                         This document is not a major rule as                highly competitive application process.
                                                 some of the restrictions on applicants                   described in Executive Order 12291.                   Many more individuals apply for Peace
                                                 who have dependent children under the                    List of Subjects in 22 CFR Part 305                   Corps Volunteer service than can be
                                                 age of 18. Finally, the proposed                                                                               accepted. Because the Peace Corps
                                                 regulation incorporates appeal rights                      Aged, Citizenship and naturalization,               cannot accept all eligible and qualified
                                                 when an applicant has been rejected on                   Civil rights, Discrimination, Equal                   Applicants who wish to serve, it
                                                 grounds relating to medical status, an                   employment opportunity, Foreign aid,                  evaluates Applicants to select the best
                                                 arrest or conviction record, or for having               Handicapped, Health, Intelligence,                    qualified among eligible Applicants.
                                                 a background in intelligence activities.                 Nondiscrimination, Political affiliation,             The Peace Corps determines Applicants’
                                                 Any applicant in an expanded list of                     Volunteers.                                           eligibility, and assesses their relative
                                                 protected categories who thinks that he                    For the reasons set out in the                      skills, qualifications, and personal
                                                 or she had been discriminated against is                 preamble, the Peace Corps proposes to                 attributes, such as motivation, aptitude,
                                                 given the option for review and                          revise 22 CFR part 305 as follows:                    fitness for service, emotional maturity,
rmajette on DSK2VPTVN1PROD with PROPOSALS




                                                 consideration by the Office of Civil                                                                           adaptability, productive competence,
                                                 Rights and Diversity at the Peace Corps.                 PART 305—ELIGIBILITY AND                              and ability to serve effectively as a
                                                 These proposed changes to the                            STANDARDS FOR PEACE CORPS                             Volunteer in a foreign country and
                                                 Volunteer application process will                       VOLUNTEER SERVICE                                     culture.
                                                 provide an easier, clearer, faster and                   Sec.                                                     (c) Authority. Under Section 5(a) of
                                                 more equitable and consistent process                    305.1    Purpose and general guidelines.              the Peace Corps Act, 22 U.S.C. 2504(a),
                                                 for potential applicants, and result in a                305.2    Eligibility.                                 the President may enroll in the Peace
                                                 greater number of well-qualified                         305.3    Selection standards.                         Corps for service abroad qualified


                                            VerDate Sep<11>2014   13:28 Jul 30, 2015   Jkt 235001   PO 00000   Frm 00008   Fmt 4702   Sfmt 4702   E:\FR\FM\31JYP1.SGM   31JYP1


                                                 45624                      Federal Register / Vol. 80, No. 147 / Friday, July 31, 2015 / Proposed Rules

                                                 citizens and nationals of the United                     § 305.3   Selection standards.                        which qualifies the individual to
                                                 States. The terms and conditions of the                    (a) General. To qualify for selection               represent the United States abroad.
                                                 enrollment of Volunteers are exclusively                 for overseas service as a Volunteer, an                 (c) Failure to meet standards. Failure
                                                 those set forth in the Peace Corps Act                   Applicant must demonstrate that he or                 to meet initial selection standards,
                                                 and those consistent therewith which                     she is suitable, possessing the requisite             failure to attain any of the selection
                                                 the President may prescribe. The                         personal and professional attributes                  standards by the completion of training,
                                                 President has delegated his authority                    required for Peace Corps service                      or failure to maintain these standards
                                                 under Section 5(a) of the Peace Corps                    generally, and for the particular                     during service, may be grounds for de-
                                                 Act to the Director of the Peace Corps                   Volunteer assignment for which he or                  selection and disqualification from
                                                 pursuant to Executive Order 12137 (May                   she is considered. The Peace Corps                    Peace Corps service.
                                                 16, 1979), as amended.                                   assesses each Applicant’s personal,
                                                    (d) Non-discrimination. The Peace                                                                           § 305.4    Medical status eligibility standard.
                                                                                                          professional, educational, and legal
                                                 Corps does not discriminate against any                  qualifications in order to select those                  (a) Requirements. Under the Peace
                                                 person on account of race, color,                        Applicants most likely to be successful               Corps Act (22 U.S.C. 2504(e)), the Peace
                                                 religion, sex, national origin, age (40                  in a Peace Corps assignment, serving                  Corps is responsible for ensuring that
                                                 and over), disability, sexual orientation,               under conditions of hardship if                       Peace Corps Volunteers receive all
                                                 gender identity, gender expression,                      necessary to achieve the goals of the                 necessary or appropriate health care
                                                 pregnancy, marital status, parental                      Peace Corps. Meeting these                            during their service. To ensure that the
                                                 status, political affiliation, union                     qualifications does not in and of itself              Peace Corps will be capable of doing so,
                                                 membership, genetic information, or                      entitle any individual to serve in the                Applicants must be medically qualified
                                                 history of participation in the EEO                      Peace Corps. The Peace Corps endeavors                for Peace Corps Volunteer service. An
                                                 process, any grievance procedure or any                  to select the best qualified individuals              Applicant who is otherwise qualified
                                                 authorized complaint procedure.                          from among all eligible Applicants.                   must meet the following requirements:
                                                 Anyone who feels he or she has been                                                                               (1) The Applicant, with or without
                                                                                                            (b) Personal attributes. Applicants
                                                 discriminated against should contact the                                                                       reasonable accommodation, removal of
                                                                                                          must adequately demonstrate the
                                                 Office of Civil Rights and Diversity,                                                                          architectural, communication or
                                                                                                          following personal attributes to Peace
                                                 202.692.2139, ocrd@peacecorps.gov,                                                                             transportation barriers, or the provision
                                                                                                          Corps:
                                                 Peace Corps, 1111 20th Street NW.,                                                                             of auxiliary aids or services, must have
                                                                                                            (1) Motivation. A sincere desire to
                                                 Washington, DC 20526.                                                                                          the physical and mental capacity
                                                                                                          carry out the goals of Peace Corps
                                                    (e) Failure to disclose requested                                                                           required to meet the essential eligibility
                                                                                                          service, and a commitment to serve a
                                                 information. In order for the Peace                                                                            requirements for a Volunteer. In this
                                                                                                          full term as a Volunteer.
                                                 Corps to be able to make appropriate                                                                           context, the essential eligibility
                                                                                                             (2) Productive competence. The
                                                 selection and placement decisions, it is                                                                       requirements for a Volunteer include,
                                                                                                          intelligence and professional experience
                                                 critical that Applicants provide                                                                               without limitation, the capability to:
                                                                                                          or educational background to meet the
                                                 complete and accurate information                                                                                 (i) Live and work independently in an
                                                                                                          needs of the individual’s assignment.
                                                 throughout the application process,                                                                            isolated location overseas at the same
                                                                                                             (3) Emotional maturity and                         socio-economic level and in similar
                                                 including information provided for a                     adaptability. The maturity, flexibility,
                                                 mandatory background investigation.                                                                            conditions as members of the
                                                                                                          cultural sensitivity, and self-sufficiency            community to which the Applicant is
                                                 The Peace Corps may disqualify an                        to adapt successfully to life in another
                                                 Applicant or separate a Volunteer or                                                                           assigned;
                                                                                                          culture, and to interact and                             (ii) Perform the job to which the
                                                 Trainee from Peace Corps service at any                  communicate with other people
                                                 time if the Peace Corps determines that                                                                        Applicant is assigned; and
                                                                                                          regardless of cultural, social, and                      (iii) Complete a specified tour of
                                                 the Applicant, Volunteer or Trainee                      economic differences.
                                                 provided materially false, misleading,                                                                         service without undue disruption due to
                                                                                                             (4) Skills. In addition to any                     health problems.
                                                 inaccurate or incomplete information                     educational, professional or other
                                                 during the Peace Corps application                                                                                (2) The Peace Corps must be capable
                                                                                                          qualifications and prerequisites that an              of providing the Applicant with such
                                                 process.                                                 individual must possess in order to be                health care as the Peace Corps deems to
                                                 § 305.2   Eligibility.                                   selected for a given assignment, a                    be necessary or appropriate.
                                                   In order to be eligible for enrollment                 Trainee must demonstrate competence                      (3) The Applicant must not pose a
                                                 as a Volunteer, Applicants must meet                     in the following areas by the end of pre-             direct threat (as defined in paragraph (c)
                                                 mandatory citizenship and age                            service training:                                     of this section).
                                                 requirements.                                               (i) Language. The ability to                          (b) Individualized assessment. In
                                                   (a) Citizenship. The Applicant must                    communicate effectively in the                        determining whether an Applicant is
                                                 be a citizen or national of the United                   appropriate language or languages of the              medically qualified, an individualized
                                                 States or have made arrangements to be                   country of service with the fluency                   assessment is required regarding each of
                                                 naturalized prior to taking the oath                     required to meet the needs of the                     the requirements set forth in paragraph
                                                 prescribed for enrollment as a                           overseas assignment.                                  (a) of this section.
                                                 Volunteer. Such arrangements must be                        (ii) Technical competence.                            (c) Direct threat.
                                                 satisfactory to:                                         Proficiency in the technical skills                      (1) A direct threat is a significant risk
                                                   (1) The General Counsel; and                           needed to carry out the Trainee’s                     to the health or safety of others that
rmajette on DSK2VPTVN1PROD with PROPOSALS




                                                   (2) The Office of Volunteer                            assignment as a Volunteer.                            cannot be eliminated by a reasonable
                                                 Recruitment and Selection (VRS) in the                      (iii) Knowledge. Adequate knowledge                accommodation, removal of
                                                 case of the standard Volunteer program,                  of the culture and history of the country             architectural, communication or
                                                 or Peace Corps Response (PCR) in case                    of assignment to ensure a successful                  transportation barriers, or the provision
                                                 of programs managed by PCR.                              adjustment to, and acceptance by, the                 of auxiliary aids or services.
                                                   (b) Age. The Applicant must be at                      host country society, as well as an                      (2) In determining whether an
                                                 least 18 years old at the time of                        appropriate understanding of the history              Applicant poses a direct threat, the
                                                 enrollment as a Volunteer.                               and government of the United States                   Peace Corps will make an


                                            VerDate Sep<11>2014   13:28 Jul 30, 2015   Jkt 235001   PO 00000   Frm 00009   Fmt 4702   Sfmt 4702   E:\FR\FM\31JYP1.SGM   31JYP1


                                                                            Federal Register / Vol. 80, No. 147 / Friday, July 31, 2015 / Proposed Rules                                            45625

                                                 individualized assessment based on                          (2) The PSRB will include as voting                office making the original eligibility
                                                 reasonable judgment that relies on                       members at least one physician and four               determination.
                                                 current medical knowledge or on the                      other medical professionals in OMS. In                   (d) Subsequent application. An
                                                 best available objective evidence to                     any case involving review of issues                   Applicant rejected for service due to
                                                 ascertain:                                               involving mental health, at least one                 failure to meet the legal status eligibility
                                                    (i) The nature, duration and severity                 mental health professional from the                   standard may reapply at a later date, but
                                                 of the risk;                                             Counseling and Outreach Unit will also                not sooner than 12 months after the
                                                    (ii) The probability that the potential               participate as a voting member.                       final agency decision.
                                                 injury will actually occur; and                             (3) The decision of the PSRB will be
                                                    (iii) Whether reasonable                              reviewed by the General Counsel for                   § 305.6 Applicants with an intelligence
                                                 accommodations, removal of                                                                                     background.
                                                                                                          legal sufficiency. Subject to that review,
                                                 architectural, communication or                          it will constitute the final agency action.              (a) General. It has been the
                                                 transportation barriers, or the provision                                                                      longstanding policy of the Peace Corps
                                                 of auxiliary aids or services will                       § 305.5   Legal status eligibility standards.         to exclude from Volunteer service any
                                                 mitigate the risk.                                          (a) General Requirements. The                      individuals who have engaged in
                                                    (d) Reasonable accommodation.                         existence of an arrest or conviction                  intelligence activity or related work or
                                                    (1) The term accommodation means                      record may, but will not automatically,               who have been employed by or
                                                 modifications to the Peace Corps’ rules,                 exclude an Applicant from                             connected with an intelligence agency,
                                                 policies or practices.                                   consideration for Peace Corps service.                either for a specific period of time or
                                                    (2) An accommodation is not                           The Peace Corps will consider the                     permanently (depending on the agency).
                                                 reasonable if:                                           nature of the offense, how long ago the               This policy is founded on the premise
                                                    (i) It would modify the essential                     offense occurred, whether the Applicant               that it is crucial to the Peace Corps in
                                                 eligibility requirements for a Volunteer;                was acquitted of the offense, the terms               carrying out its mission that there be a
                                                    (ii) It would modify, among other                     of any applicable parole or probation,                complete and total separation of Peace
                                                 things, the Applicant’s Volunteer                        and other relevant facts or indications of            Corps from the intelligence activities of
                                                 assignment or the Peace Corps’ medical                   rehabilitation.                                       the United States Government or any
                                                 program in a way that would result in                       (b) Drug and alcohol related offenses.             foreign government, both in reality and
                                                 a fundamental alteration in the nature of                                                                      appearance. Any semblance of a
                                                                                                             (1) An Applicant with any drug-
                                                 the service, program, or activity; or                                                                          connection between the Peace Corps
                                                                                                          related conviction, with a conviction for
                                                    (iii) It would impose an undue                                                                              and the intelligence community would
                                                                                                          public intoxication, driving under the
                                                 financial and administrative burden on                                                                         seriously compromise the ability of the
                                                                                                          influence (DUI), or driving while
                                                 the operations of the Peace Corps,                                                                             Peace Corps to develop and maintain
                                                                                                          intoxicated (DWI), with a conviction for
                                                 including its medical program.                                                                                 the trust and confidence of the people
                                                    (3) In determining whether an                         reckless driving after having been
                                                                                                          initially charged with DUI or DWI, or                 of the host countries. To ensure that
                                                 accommodation would impose an                                                                                  there is not the slightest basis for the
                                                 undue financial and administrative                       with a similar alcohol-related
                                                                                                          conviction, is not eligible to have his or            appearance of any connection between
                                                 burden on the operations of the Peace                                                                          the Peace Corps and the intelligence
                                                 Corps, the Peace Corps may take into                     her application for Peace Corps service
                                                                                                          considered until 12 months has passed                 community, this policy contains certain
                                                 account, among other things:                                                                                   temporary and permanent bars to Peace
                                                    (i) The size and composition of the                   from the date of the incident.
                                                                                                             (2) An Applicant who, at any time on               Corps service. Serious doubts about an
                                                 Peace Corps staff at the post of                                                                               Applicant’s connection with
                                                 assignment;                                              or prior to the day of departure for Peace
                                                                                                          Corps service, is arrested for any drug               intelligence activities are to be resolved
                                                    (ii) The adequacy of local medical
                                                                                                          offense or for public intoxication, DUI,              in favor of exclusion.
                                                 facilities and the availability of other
                                                 medical facilities;                                      DWI or any similar alcohol-related                       (b) Definitions. For purposes of this
                                                    (iii) The nature and cost of the                      offense will have any pending                         section:
                                                 accommodation compared to the overall                    application or invitation for Peace Corps                (1) Intelligence activity includes any
                                                 number of Volunteers and the overall                     service withdrawn. If the charges are                 activities or specialized training
                                                 size of the Peace Corps budget; and                      dismissed, an Applicant whose                         involving or related to the clandestine
                                                    (iv) The capacities of the host country               application or invitation for Peace Corps             collection of information, or the analysis
                                                 agency and of the host community to                      service was terminated may                            or dissemination of such information,
                                                 which the Applicant would be assigned.                   immediately reapply. If the applicant is              intended for use by the United States
                                                    (e) Medical status eligibility review.                convicted of the offense, he or she may               Government or any foreign government
                                                    (1) An Applicant who is determined                    reapply after 12 months from the date of              in formulating or implementing political
                                                 by medical screening staff not to be                     the incident.                                         or military policy in regard to other
                                                 medically qualified for Peace Corps                         (c) Review process. An Applicant who               countries. The term intelligence activity
                                                 Volunteer service may request review of                  is rejected for a Volunteer position                  includes any involvement in covert
                                                 that decision by submitting any relevant                 because of an arrest or conviction may                actions designed to influence events in
                                                 information to the Office of Medical                     request a review of that decision by                  foreign countries. The fact that the name
                                                 Services (OMS). The information                          submitting any relevant information to                of an employer or the description of a
                                                 submitted by the Applicant will be                       the Associate Director of VRS. The                    person’s work uses or does not use the
rmajette on DSK2VPTVN1PROD with PROPOSALS




                                                 reviewed by a physician, and, unless the                 Associate Director will review the                    term ‘‘intelligence’’ does not, in and of
                                                 physician determines that the Applicant                  information submitted and consult with                itself, mean that the person has or has
                                                 is medically qualified, by a Pre-Service                 the General Counsel. The decision of the              not engaged in intelligence activity or
                                                 Review Board (PSRB) composed of                          Associate Director will be the final                  related work.
                                                 medical personnel in OMS and advised                     agency decision. The Associate Director                  (2) Intelligence agency includes:
                                                 by the General Counsel. Procedures for                   may delegate authority to conduct such                   (i) Any agency, division of an agency,
                                                 such review are subject to approval by                   a review to another senior member of                  or instrumentality of the United States
                                                 the General Counsel.                                     VRS, but not to the supervisor of the                 Government that is a member of the


                                            VerDate Sep<11>2014   13:28 Jul 30, 2015   Jkt 235001   PO 00000   Frm 00010   Fmt 4702   Sfmt 4702   E:\FR\FM\31JYP1.SGM   31JYP1


                                                 45626                      Federal Register / Vol. 80, No. 147 / Friday, July 31, 2015 / Proposed Rules

                                                 United States Intelligence Community;                    relationship means any association with               with the provisions of this policy. In
                                                 and                                                      an intelligence agency or with an                     cases where that office is unable to
                                                    (ii) Any other agency, division of an                 intelligence activity, if such association            make a decision regarding the eligibility
                                                 agency, or instrumentality of the United                 could be the basis for an inference or the            of an Applicant under this policy, the
                                                 States Government or any foreign                         appearance that an Applicant was                      individual’s application will be referred
                                                 government, a substantial part of whose                  engaged in an intelligence activity. The              to the General Counsel, who will make
                                                 mission has been determined by the                       association could include, but not be                 the determination on eligibility.
                                                 General Counsel to include intelligence                  limited to, one based upon a familial,                  (f) Appeal. VRS will inform all
                                                 activities.                                              personal or financial connection to an                Applicants promptly and in writing of
                                                    (3) Employment, employee, or                          intelligence agency or with an                        any decision to disqualify them based
                                                 employed refer to the existence of a                     intelligence activity.                                on an intelligence background and the
                                                 relationship of employer and employee,                      (2) Determinations of the eligibility or           reasons for that decision. Applicants
                                                 whether full-time or part-time,                          periods of ineligibility of such                      have 15 days from the date of receipt of
                                                 permanent or temporary, whether or not                   Applicants will be made by the General                the letter from VRS to appeal the
                                                 the individual is engaged in intelligence                Counsel on a case by case basis using                 decision to the Director of the Peace
                                                 activity for an employer, without regard                 the criteria set forth below. Examples of             Corps. The decision of the Director of
                                                 to the length of time the relationship                   the type of relationships among others                the Peace Corps will be the final agency
                                                 existed or is proposed to exist, and                     that could lead to ineligibility are                  decision.
                                                 includes individuals performing duties                   Applicants whose spouses, domestic                      (g) Post Peace Corps employment by
                                                 as volunteers, fellows, interns,                         partners, or parents are or were involved             United States intelligence agencies.
                                                 consultants, personal services                           in actual intelligence activities, or                 Pursuant to agreements between the
                                                 contractors, contractors (non-personal                   members of the immediate family of                    Peace Corps and certain intelligence
                                                 services contractors), and employees of                  prominent highly placed officials in an               agencies, those intelligence agencies
                                                 contractors who were assigned to work                    intelligence agency who might be the                  will not employ former Volunteers for a
                                                 for an intelligence agency or to engage                  target of harassment or violence                      specified period after the end of their
                                                 in intelligence activities. Employees of                 overseas as the result of family                      Peace Corps service and will not use
                                                 contractors who were or are not                          connections. Employment by an                         former Volunteers for certain purposes
                                                 themselves assigned to work for an                       organization that has been funded by an               or in certain positions. Information
                                                 Intelligence Agency or to engage in                      intelligence agency may also lead to                  regarding such agreements may be
                                                 intelligence activities are not considered               ineligibility.                                        obtained from the Office of the General
                                                 to have been or to be employed by an                        (3) In determining whether an                      Counsel.
                                                 intelligence agency.                                     Applicant’s relationship to an                        § 305.7    Special circumstances.
                                                    (c) Employment by an intelligence                     intelligence agency or intelligence
                                                 agency or engagement in intelligence                                                                              (a) Couples. Two Applicants who are
                                                                                                          activity makes the Applicant ineligible
                                                 activities.                                                                                                    married to one another or two
                                                                                                          for service, or in determining the
                                                    (1) An Applicant currently or                                                                               unmarried Applicants who are in a
                                                                                                          duration of any ineligibility, the General
                                                 formerly employed by the Central                                                                               same-sex or opposite-sex domestic
                                                                                                          Counsel will consider the following
                                                 Intelligence Agency (CIA) is                                                                                   partnership or other committed
                                                                                                          factors as appropriate:
                                                 permanently ineligible for Peace Corps                      (i) Nature of the relationship;                    relationship are eligible to apply for
                                                 Volunteer service.                                          (ii) The intelligence agency with                  service as a couple. In the case of an
                                                    (2) An Applicant who has been                         which the Applicant has the                           unmarried couple, each member of the
                                                 employed by an intelligence agency                       relationship;                                         couple must provide a signed affidavit,
                                                 other than the CIA is ineligible for a                      (iii) Duration of the relationship;                in a form acceptable to the Peace Corps,
                                                 minimum of 10 years from the last day                       (iv) Length of time that has elapsed               attesting to their domestic partnership
                                                 of employment by such intelligence                       since the last connection to the                      status or committed relationship (as the
                                                 agency. This bar on an Applicant who                     intelligence agency;                                  case may be) and their request to be
                                                 is or was employed by an intelligence                       (v) Where the intelligence activity or             considered for assignment as a couple.
                                                 agency applies whether or not the                        work was performed;                                   In all cases, both members of the couple
                                                 Applicant was engaged in intelligence                       (vi) Nature of the connection with                 must apply and qualify for assignment
                                                 activity for the intelligence agency.                    intelligence activity or work;                        at the same location.
                                                    (3) An Applicant who has been                            (vii) Whether or not the intelligence                 (b) Serving with dependents and other
                                                 engaged in intelligence activities is                    activity or work involved contact with                family members. In general, dependents
                                                 ineligible for service as a Volunteer for                foreign nationals;                                    and other family members may not
                                                 a period of 10 years from the last date                     (viii) Whether the connection was                  accompany a Volunteer during service.
                                                 on which the Applicant engaged in                        known or unknown to the Applicant at                  However, the Peace Corps may from
                                                 intelligence activities.                                 the time it occurred;                                 time to time make exceptions either on
                                                    (4) An Applicant may be ineligible for                   (ix) Training received, if any;                    a case-by-case basis or for particular
                                                 service for a period in excess of 10 years                  (x) Regularity of the contact with                 categories of Volunteers to the extent
                                                 if the General Counsel determines that                   foreign nationals, and nature of duties,              permitted by Federal law.
                                                 the Applicant’s background or work                       if any;                                                  (c) Military service. The Peace Corps
                                                 history with regard to intelligence                         (xi) Public knowledge of the activity              welcomes applications from veterans,
rmajette on DSK2VPTVN1PROD with PROPOSALS




                                                 activities warrants such action.                         or connection;                                        reservists, and active duty military
                                                    (d) Relationship to intelligence agency                  (xii) Any other information which                  personnel who are interested in Peace
                                                 or activity.                                             bears on the relationship of the                      Corps service after completion of their
                                                    (1) An Applicant whose background                     Applicant to an intelligence agency or                military service. After receiving an
                                                 discloses a relationship to an                           intelligence activity.                                invitation for Peace Corps service,
                                                 intelligence agency or intelligence                         (e) Determination. VRS is responsible              Applicants with reserve obligations are
                                                 activity may be ineligible to serve as a                 for the initial screening of Peace Corps              reminded to comply with all
                                                 Peace Corps Volunteer. The term                          Volunteer applications for compliance                 requirements to notify their reserve


                                            VerDate Sep<11>2014   13:28 Jul 30, 2015   Jkt 235001   PO 00000   Frm 00011   Fmt 4702   Sfmt 4702   E:\FR\FM\31JYP1.SGM   31JYP1


                                                                            Federal Register / Vol. 80, No. 147 / Friday, July 31, 2015 / Proposed Rules                                          45627

                                                 component that they will be unavailable                  DATES:  Comments and related material                 hand delivery, but please use only one
                                                 for drills and annual training because of                must be received by August 15, 2015.                  of these means. If you submit a
                                                 their Peace Corps service. Such                          Requests for public meetings must be                  comment online, it will be considered
                                                 Applicants are urged to obtain written                   received by the Coast Guard by August                 received by the Coast Guard when you
                                                 confirmation from their reserve                          7, 2015.                                              successfully transmit the comment. If
                                                 component that they have complied                        ADDRESSES: You may submit comments                    you fax, hand deliver, or mail your
                                                 with these requirements.                                 identified by docket number using any                 comment, it will be considered as
                                                                                                          one of the following methods:                         having been received by the Coast
                                                 § 305.8   Background investigation.                         (1) Federal eRulemaking Portal:                    Guard when it is received at the Docket
                                                    Section 22 of the Peace Corps Act                     http://www.regulations.gov.                           Management Facility. We recommend
                                                 requires that each Applicant be                             (2) Fax: 202–493–2251.                             that you include your name and a
                                                 investigated to ensure that enrollment of                   (3) Mail or Delivery: Docket                       mailing address, an email address, or a
                                                 the Applicant as a Volunteer is                          Management Facility (M–30), U.S.                      telephone number in the body of your
                                                 consistent with the national interest.                   Department of Transportation, West                    document so that we can contact you if
                                                 The Peace Corps therefore obtains an                     Building Ground Floor, Room W12–140,                  we have questions regarding your
                                                 appropriate background investigation                     1200 New Jersey Avenue SE.,                           submission.
                                                 for all Applicants who are invited to                    Washington, DC 20590–0001. Deliveries                    To submit your comment online, go to
                                                 serve in the Peace Corps. Information                    accepted between 9 a.m. and 5 p.m.,                   http://www.regulations.gov, type the
                                                 revealed by the background                               Monday through Friday, except federal                 docket number USCG–2015–0604 in the
                                                 investigation may be grounds for                         holidays. The telephone number is 202–                ‘‘SEARCH’’ box and click ‘‘SEARCH.’’
                                                 disqualification from Peace Corps                        366–9329.                                             Click on ‘‘Submit a Comment’’ on the
                                                 service. Under the Peace Corps Act, if a                    See the ‘‘Public Participation and                 line associated with this rulemaking.
                                                 background investigation regarding an                    Request for Comments’’ portion of the                    If you submit your comments by mail
                                                 Applicant develops any data reflecting                   SUPPLEMENTARY INFORMATION section                     or hand delivery, submit them in an
                                                 that the Applicant is of questionable                    below for further instructions on                     unbound format, no larger than 81⁄2 by
                                                 loyalty or is a questionable security risk,              submitting comments. To avoid                         11 inches, suitable for copying and
                                                 the Peace Corps must refer the matter to                 duplication, please use only one of                   electronic filing. If you submit
                                                 the Federal Bureau of Investigation for                  these three methods.                                  comments by mail and would like to
                                                 a full field investigation. The results of               FOR FURTHER INFORMATION CONTACT: If                   know that they reached the Facility,
                                                 that full field investigation will be                    you have questions on this rule, call or              please enclose a stamped, self-addressed
                                                 furnished to the Peace Corps for                         email Lieutenant Christopher                          postcard or envelope. We will consider
                                                 information and appropriate action.                      McElvaine, Marine Safety Unit                         all comments and material received
                                                   Dated: July 24, 2015.                                  Savannah Prevention Department, Coast                 during the comment period and may
                                                 Alan C. Price,                                           Guard; telephone (912) 652–4353                       change the rule based on your
                                                 Associate Director, Management.                          ext.221, email                                        comments.
                                                 [FR Doc. 2015–18789 Filed 7–30–15; 8:45 am]
                                                                                                          Christopher.D.McElvaine@uscg.mil. If                  2. Viewing Comments and Documents
                                                                                                          you have questions on viewing or
                                                 BILLING CODE 6051–01–P
                                                                                                          submitting material to the docket, call                  To view comments, as well as
                                                                                                          Cheryl Collins, Program Manager,                      documents mentioned in this preamble
                                                                                                          Docket Operations, telephone (202)                    as being available in the docket, go to
                                                 DEPARTMENT OF HOMELAND                                   366–9826.                                             http://www.regulations.gov, type the
                                                 SECURITY                                                                                                       docket number USCG–2015–0604 in the
                                                                                                          SUPPLEMENTARY INFORMATION:
                                                                                                                                                                ‘‘SEARCH’’ box and click ‘‘SEARCH.’’
                                                 Coast Guard                                              Table of Acronyms                                     Click on Open Docket Folder on the line
                                                                                                          DHS Department of Homeland Security                   associated with this rulemaking. You
                                                 33 CFR Part 165                                                                                                may also visit the Docket Management
                                                                                                          FR Federal Register
                                                 [Docket Number USCG–2015–0604]                           NPRM Notice of proposed rulemaking                    Facility in Room W12–140 on the
                                                                                                                                                                ground floor of the Department of
                                                 RIN 1625–AA00                                            A. Public Participation and Request for
                                                                                                                                                                Transportation West Building, 1200
                                                                                                          Comments
                                                 Safety Zone; Intermedix IRONMAN 70.3                                                                           New Jersey Avenue SE., Washington,
                                                                                                            We encourage you to participate in                  DC 20590, between 9 a.m. and 5 p.m.,
                                                 Event, Savannah River; Augusta, GA
                                                                                                          this rulemaking by submitting                         Monday through Friday, except Federal
                                                 AGENCY:   Coast Guard, DHS.                              comments and related materials. All                   holidays.
                                                 ACTION:   Notice of proposed rulemaking.                 comments received will be posted
                                                                                                          without change to http://                             3. Privacy Act
                                                 SUMMARY:   The Coast Guard proposes to                   www.regulations.gov and will include                     Anyone can search the electronic
                                                 establish a temporary safety zone on the                 any personal information you have                     form of comments received into any of
                                                 waters of the Savannah River during the                  provided.                                             our dockets by the name of the
                                                 Intermedix IRONMAN 70.3 event on                                                                               individual submitting the comment (or
                                                 September 27, 2015. This regulation is                   1. Submitting Comments
                                                                                                                                                                signing the comment, if submitted on
                                                 necessary to protect the lives of the                       If you submit a comment, please                    behalf of an association, business, labor
rmajette on DSK2VPTVN1PROD with PROPOSALS




                                                 participants on the navigable waters of                  include the docket number for this                    union, etc.). You may review a Privacy
                                                 the Savannah River due to hazards                        rulemaking, indicate the specific section             Act notice regarding our public dockets
                                                 associated with 3,600 IRONMAN                            of this document to which each                        in the January 17, 2008, issue of the
                                                 athletes swimming in the Savannah                        comment applies, and provide a reason                 Federal Register (73 FR 3316).
                                                 River. Entry into this zone is prohibited                for each suggestion or recommendation.
                                                 unless specifically authorized by the                    You may submit your comments and                      4. Public Meeting
                                                 Captain of the Port (COTP) Savannah or                   material online at http://                               We do not now plan to hold a public
                                                 a designated representative.                             www.regulations.gov, or by fax, mail, or              meeting. But you may submit a request


                                            VerDate Sep<11>2014   13:28 Jul 30, 2015   Jkt 235001   PO 00000   Frm 00012   Fmt 4702   Sfmt 4702   E:\FR\FM\31JYP1.SGM   31JYP1



Document Created: 2015-12-15 12:59:42
Document Modified: 2015-12-15 12:59:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments due on or before August 31, 2015.
ContactColin Jones, Office of the General Counsel, Policy and Program Analyst, 1111 20th Street NW., Washington, DC 20526, and 202-692-2164.
FR Citation80 FR 45620 
RIN Number0420-AA26
CFR AssociatedAged; Citizenship and Naturalization; Civil Rights; Discrimination; Equal Employment Opportunity; Foreign Aid; Handicapped; Health; Intelligence; Nondiscrimination; Political Affiliation and Volunteers

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR