Federal Register - June 7, 2021
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Source: Federal Register
30170
Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations
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Mail: The Peace Corps/The Office of the General Counsel/1275 First Street NE/Washington, DC 20526.
Instructions: All submissions received must include the receiving agencys name, which is the Peace Corps, designate the Office of the General Counsel, and note the Regulatory Information Number RIN for this rulemaking.
FOR FURTHER INFORMATION CONTACT:
David van Hoogstraten, 202 6922150, dvanhoogstraten@peacecorps.gov.
SUPPLEMENTARY INFORMATION: This is the final joint rule by which the Peace Corps and CNCS will amend the provisions of their regulations to reflect the current statutory framework applicable to volunteer and applicant rules for volunteer discrimination complaint processing. The joint final rule is also striking references to the Peace Corps from 45 CFR part 1225, and adding a revised non-discrimination process into the Peace Corps regulations in 22 CFR part 306.
Background The Peace Corps is an independent government agency that was legislatively established in 1961 by the Peace Corps Act. Separately, in 1973, the Domestic Volunteer Service Act Pub. L. 93113 established domestic volunteer programs, such as VISTA, and joined the Peace Corps with those domestic volunteer programs under an umbrella organization called ACTION.
In 1979, the Domestic Volunteer Service Act Amendments Pub. L. 96
143 extended the nondiscrimination policies and authorities set forth in Title VII of the Civil Rights Act of 1964, Title V of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975 to applicants for enrollment and volunteers serving under both the Peace Corps Act and the Domestic Volunteer Service Act. That section further directed that any remedies available to individuals under such laws, other than the right to appeal to the Equal Employment Opportunity Commission, would be available to such applicants or volunteers. Congress, in extending the non-discrimination protections to the volunteers, required that the Directors of ACTION and Peace Corps prescribe regulations specifically tailored to the circumstances of such volunteers. This mandate led to the promulgation of the rules in 45 CFR 1225, which applied to both Peace Corps volunteers and domestic volunteers and applicants for such volunteer service who filed complaints of discrimination. At that time, a section was also added to the Peace Corps regulations, at 22 CFR part
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300 entitled Volunteer Discrimination Complaint Procedure, which only contains a cross reference to 45 CFR part 1225 see 22 CFR part 306.
In December of 1981, Congress again separated the Peace Corps from domestic volunteers, and removed it from the umbrella of ACTION Pub. L.
97113. In the Domestic Volunteer Service Act Amendment of 1984, Public Law 98288, sec. 30a codified at 42
U.S.C. 5057, Congress expressly removed the Peace Corps from being subject to Title VII of the Civil Rights Act and the other non-discrimination statutes. However, conforming amendments by ACTION now subsumed by the Corporation for National and Community Service were not made to 45 CFR part 1225 to remove references to the Peace Corps.
The Peace Corps Act 22 U.S.C. 2501, et seq. establishes the Peace Corps and sets forth the requirements for program operations, including those for selecting volunteers. The Act states that except as provided in the Act, volunteers shall not be deemed officers or employees or otherwise in the service or employment of, or holding office under, the United States for any purpose. In carrying out this subsection, there shall be no discrimination against any person on account of race, sex, creed, or color.
Because Peace Corps volunteers are not considered federal employees or otherwise in the service or employment of the United States for any purpose not specified in the Peace Corps Act, the regulations implementing Section 717 of the Civil Rights Act of 1964 and other nondiscrimination policies and authorities, and the right to appeal to the Equal Employment Opportunity Commission, do not apply to volunteers.
These regulations were first promulgated to ensure that volunteers had a process to make complaints regarding discriminatory conduct proscribed by the Peace Corps Act and the Peace Corps policy. The regulations are now being updated and revised to reflect current best practices.
These rules were last published in the Federal Register on January 6, 1981, and entered into effect on January 6, 1981, and appeared at 45 CFR part 1225, which was cross referenced in 22 CFR
part 306.
Public Comments: The Peace Corps did not receive any public comments concerning this proposed joint rule.
Summary of Changes: The final joint rule makes adjustments for clarification and efficiency, streamlines the language of some procedural provisions, and makes the following key changes:
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22 CFR Part 306
1 Purpose. 306.1 is a revision of 45
CFR 1225.1. It changes and expands the list of protected classes that can be considered as a basis for filing claims of discrimination, and includes the Peace Corps Inspector General as an additional avenue for filing claims of discrimination.
2 Policy. 306.2 is a revision of 45
CFR 1225.2. It amends the language setting forth how the Peace Corps will respond to cases in which discrimination was found and adds that Peace Corps staff members are required to participate in investigations.
3 Definitions. 306.3 is a revision of 45 CFR 1225.3. It expands the definition of volunteer to include persons who were sworn in as volunteers but are no longer in service; conforms changes to titles such as the Director of the Office of Civil Rights and Diversity instead of E.O. Director; adds definitions for words used in the regulations, such as counselor and filing date; and revises other definitions to reflect current roles and practices.
4 Coverage. 306.4 is a revision of 45 CFR 1225.4. It addresses the consolidation of claims under a single complaint, as well as complaints that fall under separate Peace Corps administrative processes. The revision clarifies that these regulations do not create any new rights of action or jurisdiction before U.S. courts.
5 Representation. 306.5 is a revision of 45 CFR 1225.5. It abridges the current section on representation and removes language that is no longer pertinent.
6 Freedom from retaliation. 306.6
is a restatement of 45 CFR 1225.6 with no significant changes other than changing the word reprisal to retaliation and consolidating a number of behaviors under the term retaliation.
7 Review of allegations of retaliation. 306.7 is a restatement of 45
CFR 1225.7, and it additionally grants the OCRD Director discretion in consolidating claims.
8 Pre-complaint procedure. 306.8
replaces the current 45 CFR 1225.8. It is a step-by-step explanation of the process followed when an individual files an initial complaint of discrimination, which is also known as the counseling or informal stage, and is geared toward reaching a mutual resolution between the complainant and the agency. The new section specifies timetables to be followed, responsibilities of specific agency officers, and notifications that need to be provided to the individual and to relevant staff.
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