PART 305—ELIGIBILITY AND STANDARDS FOR PEACE CORPS VOLUNTEER SERVICE Authority: 22 U.S.C. 2503, 2504 2521; 29 U.S.C. 794; E.O. 12137, 44 FR 29023, 3 CFR, 1979 Comp., p. 389; E.O. 13160, 65 FR 39775, 3 CFR, 2000 Comp., p. 1461. Source: 82 FR 1188, Jan. 5, 2017, unless otherwise noted. § 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. (1) Applicant (2) Trainee (3) Volunteer (4) Enrollment (5) Dependent (6) Family member (b) Selection. (c) Authority. (d) Non-discrimination. [email protected], (e) Failure to disclose requested information. § 305.2 Eligibility. In order to be eligible for enrollment as a Volunteer, Applicants must meet mandatory citizenship and age requirements. (a) Citizenship. (b) Age. § 305.3 Selection standards. (a) General. (b) Personal attributes. (1) Motivation. (2) Productive competence. (3) Emotional maturity and adaptability. (4) Skills. (i) Language. (ii) Technical competence. (iii) Knowledge. (c) Failure to meet standards. § 305.4 Medical status eligibility standard. (a) 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. (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. (c) Direct threat. (2) In determining whether an applicant poses a direct threat, the Peace Corps will make an 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. (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. (2) The PSRB will include as voting members at least one physician as well as 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. § 305.5 Legal status eligibility standard. (a) General requirements. (b) Drug and alcohol related offenses. (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. (d) Subsequent application. § 305.6 Applicants with an intelligence background. (a) General. (b) Definitions. (1) Intelligence activity (2) Intelligence agency (i) Any agency, division of an agency, or instrumentality of the United States Government that is a member of the 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 (c) Employment by an intelligence agency or engagement in intelligence activities. (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. (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. (f) Appeal. (g) Post Peace Corps employment by United States intelligence agencies. § 305.7 Special circumstances. (a) Couples. (b) Serving with dependents and other family members. (c) Military service. § 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.