81854 Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Proposed Rules 

If approved by the DOA, the approval must 

include the DOA-authorized signature. 

(3) Paperwork Reduction Act Burden 

Statement: A federal agency may not conduct 

or sponsor, and a person is not required to 

respond to, nor shall a person be subject to 

a penalty for failure to comply with a 

collection of information subject to the 

requirements of the Paperwork Reduction 

Act unless that collection of information 

displays a current valid OMB Control 

Number. The OMB Control Number for this 

information collection is 2120–0056. Public 

reporting for this collection of information is 

estimated to be approximately 1 hour per 

response, including the time for reviewing 

instructions, searching existing data sources, 

gathering and maintaining the data needed, 

and completing and reviewing the collection 

of information. All responses to this 

collection of information are mandatory as 

required by this AD. Send comments 

regarding this burden estimate or any other 

aspect of this collection of information, 

including suggestions for reducing this 

burden to Information Collection Clearance 

Officer, Federal Aviation Administration, 

10101 Hillwood Parkway, Fort Worth, TX 

76177–1524. 

(j) Related Information 

(1) For information about EASA AD 2019– 

0212, contact the EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; telephone 

+49 221 8999 000; email ADs@

easa.europa.eu; internet 

www.easa.europa.eu. You may find this 

EASA AD on the EASA website at https://

ad.easa.europa.eu. You may view this 

material at the FAA, Airworthiness Products 

Section, Operational Safety Branch, 2200 

South 216th St., Des Moines, WA. For 

information on the availability of this 

material at the FAA, call 206–231–3195. This 

material may be found in the AD docket on 

the internet at https://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2020–1134. 

(2) For more information about this AD, 

contact Shahram Daneshmandi, Aerospace 

Engineer, Large Aircraft Section, 

International Validation Branch, FAA, 2200 

South 216th St., Des Moines, WA 98198; 

telephone and fax 206–231–3220; email 

shahram.daneshmandi@faa.gov. 

Issued on December 11, 2020. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2020–27691 Filed 12–16–20; 8:45 am] 

BILLING CODE 4910–13–P 

PEACE CORPS 

22 CFR Part 306 

CORPORATION FOR NATIONAL AND 

COMMUNITY SERVICE 

45 CFR Part 1225 

RIN 0420–AA27 

Volunteer Discrimination Complaint 

Process 

AGENCY: The Peace Corps and The 

Corporation for National and 

Community Service (CNCS). 

ACTION: Joint proposed rule. 

SUMMARY: This joint document amends 

the regulations that the Peace Corps and 

Corporation for National and 

Community Service (CNCS) follow to 

process complaints of discrimination by 

volunteers and applicants for volunteer 

service. The current regulations were 

promulgated in January 1981 when the 

Peace Corps and domestic volunteer 

programs (such as VISTA, now 

subsumed by CNCS) were one entity 

under an organization called ACTION. 

At that time, Congress extended the 

statutory protections of the Civil Rights 

Act and other laws to such volunteers. 

Congress has since separated out the 

two agencies and has expressly removed 

the Peace Corps. As such, the 

regulations need to be updated. 

DATES: This document is applicable 

March 17, 2021 without further action, 

unless adverse comment is received by 

January 19, 2021. If adverse comment is 

received, the Peace Corps and CNCS 

will publish a timely withdrawal of the 

document in the Federal Register. 

ADDRESSES: You may send comments, 

identified by RIN 0420–AA27, by any of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for sending comments. 

• Email: policy@peacecorps.gov. 

Include RIN 0420–AA27 in the subject 

line of the message. 

• Mail: The Peace Corps/The Office of 

General Counsel/1275 First Street NE/ 

Washington, DC 20526. 

Instructions: All submissions received 

must include the receiving agency’s 

name, which is the Peace Corps, 

designate the Office of General Counsel, 

and note the Regulatory Information 

Number (RIN) for this rulemaking. 

FOR FURTHER INFORMATION CONTACT: 

David van Hoogstraten, (202) 692–2150, 

dvanhoogstraten@peacecorps.gov. 

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. 93–113) 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 300, 

et seq, entitled Volunteer Discrimination 

Complaint Procedure, which only 

contains a cross reference to 45 CFR 

1225 (see 22 CFR 306). 

In December of 1981, Congress again 

separated the Peace Corps from 

domestic volunteers, and removed it 

from the umbrella of ACTION (Pub. L. 

97–113). In the Domestic Volunteer 

Service Act Amendment of 1984, Pub. 

L. 98–288, 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 1225 to remove 

references to the Peace Corps. 

At this time, the Peace Corps seeks to 

update its regulations to reflect the 

current statutory framework applicable 

to Peace Corps volunteers and 

applicants, by striking references to the 

Peace Corps from 45 CFR 1225, and 

adding a revised non-discrimination 

process into the Peace Corps regulations 

in 22 CFR 306. 

Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Proposed Rules 81855 

SUPPLEMENTARY INFORMATION: 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. 

The proposed rule would revise and 

update rules for volunteer 

discrimination complaint processing, 

which were last published in the 

Federal Register on January 6, 1981, 

and entered into effect on January 6, 

1981, and currently appear at 45 CFR 

part 1225, which is cross referenced in 

22 CFR part 306. 

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 makes adjustments 

for clarification, efficiency, and 

streamlines the language of some 

procedural provisions and makes the 

following key changes: 

22 CFR 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. 

(9) Complaint Procedure. § 306.9 

replaces the current 45 CFR 1225.9. It is 

a step-by-step explanation of the process 

to be followed when an individual files 

a formal complaint of discrimination, 

which involves an investigation and a 

final agency decision. The new section 

specifies standards for acceptance and 

dismissal, timetables to be followed, 

responsibilities of specific agency 

officers, and notifications that need to 

be provided to the individual and to 

relevant staff. It also outlines the 

timeframe and process for appealing a 

proposed final agency decision to the 

Director of the Peace Corps. 

(10) Corrective Action. § 306.10 is a 

restatement of 45 CFR 1225.10 with no 

changes other than removing a 

provision about attorney’s fees. Sections 

1225.11 through 1225.21 were stricken 

in their entirety. 

45 CFR 1225 

The proposed edits are technical in 

nature. For example, they remove any 

references to the Peace Corps, the 

Director of Peace Corps, or the Peace 

Corps Act throughout the section, and 

replace references to ACTION with 

Corporation for Community and 

National Service (CNCS) and 

AmeriCorps and SeniorCorps. 

Regulatory Certifications 

Executive Orders 12866 and 13563— 

Regulatory Review 

This regulation has been drafted and 

reviewed in accordance with E.O. 

12866, ‘‘Regulatory Planning and 

Review,’’ section 1(b), Principles of 

Regulation, and in accordance with E.O. 

13563, ‘‘Improving Regulation and 

Regulatory Review,’’ section 1(b), 

General Principles of Regulation, and 

the Office of Management and Budget, 

Office of Information and Regulatory 

Affairs has determined it to be nonsignificant within the meaning of E.O. 

12866. Additionally, because this rule 

does not meet the definition of a 

significant regulatory action, it does not 

trigger the requirements contained in 

E.O. 13771. See OMB’s Memorandum 

titled ‘‘Interim Guidance Implementing 

Section 2 of the E.O. of January 30, 

2017, titled ‘Reducing Regulation and 

Controlling Regulatory Costs’ ’’ 

(February 2, 2017), supplemented by 

OMB’s Memorandum titled 

‘‘Implementing E.O. 13771, Titled 

‘Reducing Regulation and Controlling 

Regulatory Costs.’ ’’ 

Regulatory Flexibility Act of 1980 (5 

U.S.C. 605(b)) 

This regulatory action will not have a 

significant adverse impact on a 

substantial number of 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 $100,000,000 or 

more in any one year, and it will not 

significantly or uniquely affect small 

governments. 

81856 Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Proposed Rules 

Paperwork Reduction Act of 1995 (44 

U.S.C., Chapter 35) 

This regulatory action will not impose 

any additional reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act. 

Federalism (Executive Order 13132) 

This regulatory action does not have 

Federalism implications, as set forth in 

E.O. 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. 

List of Subjects in 22 CFR Part 306 and 

45 CFR Part 1225 

Volunteer Discrimination Complaint 

Procedures. 

Title 22 

Peace Corps 

■ 1. For the reasons set out in the 

preamble, the Peace Corps proposes to 

revise 22 CFR Part 306 as follows: 

Part 306—Volunteer Discrimination 

Complaint Procedure 

Secs. 

Subpart A. General Provisions 

306.1 Purpose. 

306.2 Policy. 

306.3 Definitions. 

306.4 Coverage. 

306.5 Representation. 

306.6 Freedom from Retaliation. 

306.7 Review of Allegations of Retaliation. 

Subpart B. Processing Individual 

Complaints of Discrimination 

306.8 Pre-complaint Procedure. 

306.9 Complaint Procedure. 

306.10 Corrective Action. 

Authority: 22 U.S.C. 2501 et seq. 

PART 306—VOLUNTEER 

DISCRIMINATION COMPLAINT 

PROCEDURE 

Subpart A—General Provisions 

§ 306.1 Purpose. 

The purpose of this Part is to establish 

a procedure for the filing, investigation, 

and administrative determination of 

allegations of discrimination (including 

harassment) based on race, color, 

religion, sex, national origin, age (40 or 

over), disability or other bases provided 

for in applicable statutes, regulations or 

the Peace Corps Manual or history of 

participation in the Peace Corps 

discrimination complaint process which 

arise in connection with the 

recruitment, selection, placement, 

service, or termination of applicants, 

Trainees, or Volunteers. In addition, any 

Peace Corps applicant, Trainee, or 

Volunteer may submit an allegation of 

discrimination to the Peace Corps Office 

of Inspector General at any time, and the 

allegation will be processed in 

accordance with policy and procedures 

of the Office of Inspector General. 

§ 306.2 Policy. 

(a) In the recruitment, selection, 

placement, service, and termination of 

Peace Corps Trainees and Volunteers, it 

is the policy of the Peace Corps to 

provide equal opportunity for all 

persons and to prohibit discrimination 

based on race, color, religion, sex, 

national origin, age (40 or over), 

disability, and other bases provided for 

in applicable statutes, regulations or the 

Peace Corps Manual, or history of 

participation in the Peace Corps 

discrimination complaint process. 

(b) It is the policy of the Peace Corps, 

upon a determination that such 

prohibited discrimination has occurred, 

to take appropriate corrective action to 

remedy the discrimination and to 

prevent its recurrence. 

(c) It is the policy of the Peace Corps 

that all agency staff must cooperate in 

the investigation of a complaint. 

Volunteers and Trainees are strongly 

encouraged to cooperate. 

§ 306.3 Definitions. 

Unless the context requires otherwise, 

in this Part: 

(a) ‘‘Director’’ means the Director of 

the Peace Corps. 

(b) ‘‘OCRD Director’’ means the 

Director of the Peace Corps’ Office of 

Civil Rights and Diversity. 

(c) ‘‘Prohibited discrimination’’ means 

discrimination (including harassment) 

on the basis of race, color, religion, sex, 

national origin, age (40 or over), 

disability, or other bases provided for in 

applicable statutes, regulations or the 

Peace Corps Manual, or history of 

participation in the Peace Corps 

discrimination complaint process. 

(d) ‘‘Applicant’’ means a person who 

has submitted a completed application 

required for consideration of eligibility 

for Peace Corps Volunteer service. 

‘‘Applicant’’ may also mean a person 

who alleges that the actions of agency 

personnel precluded them from 

submitting such an application or any 

other information reasonably required 

by the appropriate personnel as 

necessary for a determination of the 

individual’s eligibility for Volunteer 

service. 

(e) ‘‘Trainee’’ means a person who has 

accepted an invitation issued by the 

Peace Corps and has registered for Peace 

Corps staging. 

(f) ‘‘Volunteer’’ means a person who 

has taken the oath of service and been 

sworn in for Peace Corps service, 

whether or not this person is still in 

Peace Corps service. 

(g) ‘‘Complainant’’ means an 

aggrieved applicant, Trainee, or 

Volunteer who believes they have been 

subject to prohibited discrimination and 

files a formal complaint. 

(h) ‘‘Complaint’’ means a written 

statement signed by a Complainant 

alleging prohibited discrimination and 

submitted to the OCRD Director, as 

described in section 306.9(a) of this 

Part. 

(i) ‘‘File(d) Date’’ means the date a 

Complaint is received by the 

appropriate agency official. 

(j) ‘‘Counselor’’ means an official 

designated by the OCRD Director to 

perform an informal inquiry focused on 

possible resolution as detailed in this 

Part. 

(k) ‘‘Final Agency Decision (FAD)’’ 

means the Peace Corps’ final written 

determination on a Complaint. 

§ 306.4 Coverage. 

(a) Except as set out below, these 

procedures apply to all Peace Corps 

applicants, Trainees, and Volunteers. 

(1) To the extent that a Trainee or 

Volunteer makes a complaint containing 

an allegation of prohibited 

discrimination in connection with 

conduct that constitutes sexual 

misconduct as defined in the Peace 

Corps’ policy on Volunteer sexual 

misconduct. 

(2) When an applicant, Trainee, or 

Volunteer makes a complaint which 

contains an allegation of prohibited 

discrimination in connection with an 

early termination or other 

administrative procedure of the agency, 

only the allegation of prohibited 

discrimination will be processed under 

this Part. At the discretion of the OCRD 

Director, additional allegations or 

claims material to the complaint may be 

consolidated with the discrimination 

complaint for processing under these 

regulations. Any issues which are not so 

consolidated will continue to be 

processed under those procedures 

pursuant to which they were originally 

raised. 

(3) Complaints of retaliation in 

connection with allegations made under 

the Peace Corps Volunteer 

Confidentiality Protection policy shall 

be handled in accordance with that 

policy. 

(b) The OCRD Director has the 

discretion to consolidate complaints 

from different applicants, Trainees, or 

Volunteers that allege common 

underlying facts and similar claims. 

Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Proposed Rules 81857 

(c) These regulations do not create 

any right or benefit, substantive or 

procedural, enforceable at law or in 

equity by any party against the United 

States, its departments, agencies, or 

entities, its officers, employees, or 

agents, or any other person. Coverage 

under these rules does not constitute 

acceptance by the agency or the United 

States Government of jurisdiction for 

judicial review. 

§ 306.5 Representation. 

Any aggrieved party may be assisted 

in all stages of these procedures under 

this Part by an attorney or non-staff 

representative of his or her own 

choosing at his or her own expense. An 

aggrieved party must immediately 

inform the agency if representation is 

retained. 

§ 306.6 Freedom from Retaliation. 

Aggrieved parties, their 

representatives, and witnesses will be 

free from retaliation at any stage in the 

presentation and processing of a 

complaint under this section, including 

the counseling stage described in 306.8 

of this Part, or any time thereafter. 

§ 306.7 Review of Allegations of 

Retaliation. 

(a) An aggrieved party, his or her 

representative, or a witness who alleges 

retaliation in connection with the 

presentation of a complaint under this 

Part, may, if covered by this Part, 

request in writing that the allegation be 

reviewed as an act of discrimination 

subject to the procedures described in 

Subpart B or that the allegation be 

considered as an issue in the complaint 

at hand. The determination whether to 

consider the complaint in the same or 

a separate proceeding is within the 

discretion of the OCRD Director. 

Subpart B—Processing Individual 

Complaints of Discrimination 

§ 306.8 Pre-complaint procedure. 

(a) Any applicant, Trainee or 

Volunteer who believes that he or she 

has been subject to prohibited 

discrimination must bring such 

allegations to the attention of OCRD 

within 60 days of the alleged 

discrimination, at which point a 

Counselor will be assigned to attempt to 

resolve them. 

(b) The pre-complaint procedure is 

intended to determine whether the 

concerns of the aggrieved party can be 

resolved to the mutual satisfaction of 

the aggrieved party and the agency 

without the filing of a formal complaint. 

(c) The Counselor serves as a neutral 

party, to gather a limited amount of 

information from the aggrieved party 

about his or her allegations, explain to 

the aggrieved party his or her rights, 

obtain information to determine the 

applicability of this regulation, and 

where appropriate, attempt an informal 

resolution among relevant parties. 

(d) The amount of information that 

the Counselor gathers from the agency is 

limited to information needed to reach 

an informal resolution to the mutual 

satisfaction of the aggrieved party and 

the agency. 

(e) The Counselor will keep a written 

record of his or her activities, which 

will be submitted to the OCRD Director 

as a Counselor’s report. 

(f) To the extent necessary to reach an 

informal resolution, the Counselor may 

reveal to relevant agency officials the 

identity of the aggrieved party. In the 

event that the aggrieved party requests 

that the Counselor not share his or her 

identity with agency officials, the 

Counselor will not reveal the identity of 

the aggrieved party (or information that 

could be used to easily identify the 

aggrieved party) outside of OCRD. If 

appropriate, the Counselor should 

explain to the aggrieved party that an 

informal resolution and/or the scope of 

relief available may be limited as a 

result of the request for anonymity. 

(g) The pre-complaint process should 

be completed within 30 days, but the 

OCRD Director may extend the period 

upon request of the aggrieved party or 

the agency for good cause shown. 

(h) If, after inquiry and counseling, an 

informal resolution to the allegation is 

not reached, the Counselor will notify 

the aggrieved party in writing of the 

right to file a formal complaint of 

discrimination with the OCRD Director 

within 30 calendar days of the aggrieved 

party’s receipt of the notice. 

(i) As an alternative to assignment of 

a Counselor as described above, the 

aggrieved party may ask for Alternative 

Dispute Resolution as set out in the 

Peace Corps’ policy. In such a case, the 

parties have 90 days to attempt in good 

faith to reach an informal resolution of 

the allegation. At any time during the 

course of Alternative Dispute 

Resolution, the aggrieved party or the 

Responsible Management Official (or 

their Supervisor), in consultation with 

the Office of the General Counsel, may 

terminate those proceedings. 

§ 306.9 Complaint Procedure. 

(a) An applicant, Trainee or Volunteer 

who wishes to file a formal complaint 

must do so within 30 days of receiving 

the notice set out in 306.8(g) above, by 

filing a signed complaint in writing with 

OCRD. A complaint must set forth 

specifically: 

(1) A detailed description, including 

names and dates, if possible, of the 

actions of the Peace Corps officials or 

other persons which resulted in the 

alleged prohibited discrimination; 

(2) The manner in which the Peace 

Corps’ action directly affected the 

complainant; and 

(3) The relief sought. 

(b) A complaint that does not conform 

to the above requirements will 

nevertheless be deemed to have been 

received by the OCRD, and the 

complainant will be notified of the steps 

necessary to correct the deficiencies of 

the complaint. The complainant will 

have 30 days from receipt of notification 

that the complaint is defective to submit 

an amended complaint. 

(c) The OCRD Director must accept a 

complaint if the process set forth above 

has been followed, and the complaint 

states a covered claim of prohibited 

discrimination. The OCRD Director may 

extend the time limits set out above: 

(1) When the complainant shows that 

they were not notified of the time limits 

and were not otherwise aware of them; 

(2) The complainant shows that they 

were prevented by circumstances 

beyond their control from submitting 

the matter in a timely fashion; or 

(3) For other reasons considered 

sufficient by the OCRD Director. 

(d) At any time during the complaint 

procedure, the OCRD Director may 

dismiss a complaint based on the 

aggrieved party’s failure to prosecute the 

complaint. However, this action may be 

taken only after: 

(1) The OCRD Director has made a 

written request, including notice of the 

proposed dismissal, that the 

Complainant provide certain 

information or otherwise proceed with 

the complaint; and 

(2) 30 days have elapsed since the 

sending of the request. 

If the complaint is rejected for failure 

to meet one or more of the requirements 

set out in the procedure outlined in 

306.8 or is dismissed, the OCRD 

Director will inform the aggrieved party 

in writing of this FAD, advising that the 

Peace Corps will take no further action. 

(e) Upon acceptance of the complaint 

and receipt of the Counselor’s report, 

the OCRD Director will provide for a 

prompt impartial investigation of the 

complaint. The OCRD may employ a 

Peace Corps employee or external party 

to conduct the investigation. If a Peace 

Corps employee is selected to 

investigate the complaint, the person 

assigned to investigate the complaint 

may not occupy a position in the agency 

which is, directly or indirectly, under 

the jurisdiction of the head of that part 

of the agency in which the complaint 

81858 Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Proposed Rules 

arose. The investigation will include a 

review of the circumstances under 

which the alleged discrimination 

occurred, and any other circumstances 

which may constitute, or appear to 

constitute, discrimination against the 

complainant. 

(f) Agency officials responsible for 

providing information relating to the 

complaint to the investigator will be 

provided such information about the 

complaint as they may need in order to 

respond appropriately. For example, 

responding agency officials who have a 

need to know may be provided with 

information including the identity of the 

complainant and statements of the 

alleged discriminatory basis and adverse 

action. 

(g) In cases where sensitive and/or 

protected information about applicants, 

Trainees, or Volunteers (other than the 

complainant) is requested or involved, 

agency officials may only disclose such 

information that is directly relevant to 

claim(s) being investigated, and must 

ensure that such information is handled 

in such a manner that the privacy of the 

applicants, Trainees, or Volunteers in 

question is fully protected, in 

accordance with the Peace Corps’ policy 

on confidentiality of Volunteer 

information. 

(h) Every agency official responsible 

for providing information relating to the 

complaint to the investigator may at any 

point consult the Office of the General 

Counsel and/or his or her supervisor, 

unless the supervisor is alleged to have 

been involved in the conduct that is the 

subject of the complaint. Agency 

officials responsible for providing 

information to the investigator shall 

only provide information based on 

personal knowledge, and should not 

seek to align or conform his or her 

statement with that of another 

responding agency official. 

(i) The investigator will compile a 

report of investigation (ROI) and 

forward the ROI to the OCRD Director. 

The OCRD Director will arrange for 

preparation of a draft FAD, which will 

be in writing, state the reasons 

underlying the decision, recommend 

corrective action if and as appropriate, 

and advise the complainant of the right 

to appeal the recommended FAD to the 

Peace Corps Director, or designee. To 

the extent feasible, this will be 

completed within 120 days of the filing 

of the complaint. However, the OCRD 

Director has discretion to extend the 

period. 

(j) The OCRD Director will issue the 

proposed FAD to the complainant with 

a copy of the ROI. 

(k) Within ten calendar days of receipt 

of such proposed FAD, the complainant 

may submit his or her appeal of the 

proposed disposition to the Peace Corps 

Director, or designee. 

(l) The Peace Corps Director, or 

designee, will, to the extent feasible, 

decide the issue within 45 days of the 

date of receipt of the appeal. The 

claimant will be informed in writing of 

the decision and its basis and advised 

that it is the FAD regarding the 

complaint. 

(m) Where a complainant does not 

submit a timely appeal pursuant to (k) 

above, the OCRD Director will issue the 

proposed FAD as the FAD. 

(n) The OCRD Director will inform 

relevant management officials as to 

whether or not prohibited 

discrimination was found in the FAD. 

§ 306.10 Corrective Action. 

When the agency’s FAD states that the 

aggrieved party has been subjected to 

prohibited discrimination, the following 

corrective actions may be taken: 

(a) Selection as a trainee for an 

otherwise qualified complainant found 

to have been denied selection based on 

prohibited discrimination. 

(b) Reinstatement to Volunteer service 

for a complainant found to have been 

early-terminated as a result of 

prohibited discrimination. To the extent 

possible, a terminated Volunteer will be 

placed in the same position previously 

held. However, reinstatement to the 

specific country of prior service, or to 

the specific position previously held is 

contingent on programmatic 

considerations, including but not 

limited to the continued availability of 

the position or program in that country, 

and acceptance by the host country of 

such placement. If the same position is 

deemed to be no longer available, the 

aggrieved party will be offered 

reenrollment in a position in as similar 

as possible circumstances to the 

position previously held, or will be 

given interrupted service status. A 

reenrollment may require a medical 

clearance and/or other clearances, and 

both additional training and an 

additional two year commitment to 

Volunteer service. 

(c) Such other relief as may be 

deemed appropriate by the Peace Corps. 

Title 45 

Corporation for National Community 

Service 

■ 2. For the reasons set out in the 

preamble, the Corporation for National 

Community Service proposes to add 45 

CFR part 1225 to read as follows: 

PART 1225—MEMBER AND 

VOLUNTEER DISCRIMINATION 

COMPLAINT PROCEDURE 

Secs. 

Subpart A. General Provisions 

1225.1 Purpose. 

1225.2 Policy. 

1225.3 Definitions. 

1225.4 Coverage. 

1225.5 Representation. 

1225.6 Freedom from Reprisal. 

1225.7 Review of Allegations of Reprisal. 

Subpart B. Processing Individual 

Complaints of Discrimination 

1225.8 Precomplaint Procedure. 

1225.9 Complaint Procedure. 

1225.10 Corrective Action. 

1225.11 Amount of Attorney Fees. 

Subpart C. Processing Class Complaints of 

Discrimination 

1225.12 Precomplaint Procedure. 

1225.13 Acceptance, Rejection or 

Cancellation of a Complaint. 

1225.14 Consolidation of Complaints. 

1225.15 Notification and Opting Out. 

1225.16 Investigation and Adjustment of 

Complaint. 

1225.17 Agency Decision. 

1225.18 Notification of Class Members of 

Decision. 

1225.19 Corrective Action. 

1225.20 Claim Appeals. 

1225.21 Judicial Review. 

Authority: 42 U.S.C. 5057(d), 12635(d), 

and 12651(c). 

PART 1225—MEMBER AND 

VOLUNTEER DISCRIMINATION 

COMPLAINT PROCEDURE 

Subpart A—General Provisions 

§ 1225.1 Purpose. 

The purpose of this part is to establish 

a procedure for the filing, investigation, 

and administrative determination of 

allegations of discrimination based on 

race, color, national origin, religion, age, 

sex, disability or political affiliation, 

which arise in connection with the 

recruitment, selection, placement, 

service, or termination of AmeriCorps 

and AmeriCorps Seniors applicants, 

candidates, Members and Volunteers for 

part time and full time service, as 

appropriate. 

§ 1225.2 Policy. 

It is the policy of the Corporation for 

National and Community Service 

(CNCS) to provide equal opportunity in 

all its national service programs for all 

persons and to prohibit discrimination 

based on race, color, national origin, 

religion, age, sex, disability or political 

affiliation in the recruitment, selection, 

placement, service, and termination of 

AmeriCorps and AmeriCorps Seniors 

applicants, candidates, Members and 

Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Proposed Rules 81859 

Volunteers. It is the policy of CNCS, 

upon determining that such prohibited 

discrimination has occurred, to take all 

necessary corrective action to remedy 

the discrimination, and to prevent its 

recurrence. 

§ 1225.3 Definitions. 

Unless the context requires otherwise, 

in this Part: 

(a) ‘‘CEO’’ means the Chief Executive 

Officer of CNCS. The term shall also 

refer to any designee of the CEO. 

(b) ‘‘EEOP Director’’ means the 

Director of the Equal Employment 

Opportunity Program of CNCS. The 

term shall also refer to any designee of 

the EEOP Director. 

(c) ‘‘Illegal discrimination’’ means 

discrimination on the basis of race, 

color, national origin, religion, age, sex, 

disability or political affiliation as 

defined in Title VI of the Civil Rights 

Act of 1964 (42 U.S.C. 2000e et seq.); 

Title V of the Rehabilitation Act of 1973 

(29 U.S.C. 791, et seq.); the Age 

Discrimination Act of 1975 (42 U.S.C 

6101, et seq.), Section 175 of the 

National and Community Service Act of 

1990, as amended, and Section 5057 of 

the Domestic Volunteer Service Act of 

1973, as amended. Further clarification 

of the scope of matters covered by this 

definition may be obtained by referring 

to the following regulations: Sex 

Discrimination: 29 CFR part 1604; 

Religious Discrimination: 29 CFR part 

1605; National Origin Discrimination: 

29 CFR part 1606; Age Discrimination: 

45 CFR part 90; Disability 

Discrimination: 29 CFR 1630. 

(d) ‘‘Applicant’’ means a person who 

has submitted a completed application 

required for consideration of eligibility 

for CNCS national service as a Member 

or Volunteer. ‘‘Applicant’’ may also 

mean a person who alleges that the 

actions of recipient or subrecipient 

organization staff, or agency personnel 

precluded him or her from submitting 

such an application or any other 

information reasonably required by 

CNCS as necessary for a determination 

of the individual’s eligibility for 

national service. 

(e) ‘‘Candidate’’ means a person who 

has accepted an offer to commence 

service as a Member or Volunteer but 

has not yet enrolled for service in a 

CNCS national service program. 

(f) ‘‘AmeriCorps Member’’ means a 

person who serves in a national service 

position for which a Segal AmeriCorps 

Education Award could be provided. 

(g) ‘‘AmeriCorps Seniors Volunteer’’ 

means a person who serves as a 

volunteer through a program funded 

under Title II of the DVSA, including 

the Retired Senior Volunteer Program, 

the Foster Grandparent Program, and 

the Senior Companion Program. 

(h) ‘‘Complaint’’ means a written 

statement signed by the complainant 

and submitted to the EEOP Director. A 

complaint shall set forth specifically 

and in detail: 

(1) A description of the management 

policy or practice during the application 

stage as an applicant, during the 

candidacy stage as a Candidate, or 

during the service stage as a Member or 

Volunteer, if any, giving rise to the 

complaint; 

(2) A detailed description including 

names and dates, if possible, of the 

actions of CNCS, recipients or 

subrecipients of CNCS assistance or 

resources, or the officials of those 

recipients or subrecipients, which 

resulted in the alleged illegal 

discrimination; 

(3) The manner in which the action of 

CNCS, or the CNCS recipient or 

subrecipient, directly affected the 

complainant; and 

(4) The relief sought. 

A complaint shall be deemed filed on 

the date it is received by the appropriate 

agency official. When a complaint does 

not conform with the above definition, 

it shall nevertheless be accepted. The 

complainant shall be notified of the 

steps necessary to correct the 

deficiencies of the complaint. The 

complainant shall have 30 days from his 

or her receipt of notification of the 

complaint defects to resubmit an 

amended complaint. 

(i) ‘‘Counselor’’ means an official 

designated by the EEOP Director to 

perform the functions of conciliation as 

detailed in this part. 

(j) ‘‘Agent’’ means a class member 

who acts for the class during the 

processing of a class complaint. In order 

to be accepted as the agent for a class 

complaint, in addition to those 

requirements of a complaint found in 

1225.3(g) of this part, the complaint 

must meet the requirements for a class 

complaint as found in Subpart C of 

these regulations. 

§ 1225.4 Coverage. 

(a) These procedures apply to all 

CNCS national service applicants, 

candidates, Members and Volunteers 

throughout their term of service with 

CNCS, or with recipients and 

subrecipients of CNCS assistance or 

resources. When an applicant, 

candidate, Member or Volunteer makes 

a complaint which contains an 

allegation of illegal discrimination in 

connection with an action that would be 

otherwise be processed under a 

grievance, early termination, or other 

administrative system of the agency, the 

allegation of illegal discrimination shall 

be processed under this Part. At the 

discretion of the EEOP Director, any 

other issues raised may be consolidated 

with the discrimination complaint for 

processing under these regulations. Any 

issues which are not so consolidated 

shall continue to be processed under 

those procedures in which they were 

originally raised. 

(b) The submission of class 

complaints alleging illegal 

discrimination as defined above will be 

handled in accordance with the 

procedure outlined in Subpart C. 

§ 1225.5 Representation. 

Any aggrieved party may be 

represented and assisted in all stages of 

these procedures by an attorney or 

representative of his or her own 

choosing. An aggrieved party must 

immediately inform the agency if 

counsel is retained. Attorney fees or 

other appropriate relief may be awarded 

in the following circumstances; (a) 

Informal adjustment of a complaint. An 

informal adjustment of a complaint may 

include an award of attorney fees or 

other relief deemed appropriate by the 

EEOP Director. Where the parties agree 

on an adjustment of the complaint, but 

cannot agree on whether attorney fees or 

costs should be awarded, or on their 

amount, this issue may be appealed to 

the CEO, or their designee, in the 

manner detailed in 1225.11 of this Part. 

(b) Final Agency Decision. When 

discrimination is found, the CEO, or 

their designee, shall advise the 

complainant that any request for 

attorney fees or costs must be 

documented and submitted for review 

within 20 calendar days after his or her 

receipt of the final agency decision. The 

amount of such awards shall be 

determined under 1225.11. In the 

unusual situation in which it is 

determined not to award attorney fees or 

other costs to a prevailing complainant, 

the CEO, or their designee, in his or her 

final decision shall set forth the specific 

reasons thereof. 

§ 1225.6 Freedom from Reprisal. 

Aggrieved parties, their 

representatives, and witnesses will be 

free from restraint, interference, 

coercion, discrimination, or reprisal at 

any stage in the presentation and 

processing of a complaint, including the 

counseling stage described in 1225.8 of 

this part, or any time thereafter. 

§ 1225.7 Review of Allegations of Reprisal. 

An aggrieved party, his or her 

representative, or a witness who alleges 

restraint, interference, coercion, 

discrimination, or reprisal in connection 

81860 Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Proposed Rules 

with the presentation of a complaint 

under this part, may if covered by this 

part, request in writing that the 

allegation be reviewed as an individual 

complaint of discrimination subject to 

the procedures described in Subpart B 

or that the allegation be considered as 

an issue in the complaint at hand. 

Subpart B—Processing Individual 

Complaints of Discrimination 

§ 1225.8 Precomplaint Procedure. 

(a) An aggrieved person who believes 

that he or she has been subject to illegal 

discrimination shall bring such 

allegations to the attention of the 

appropriate Counselor within 30 days of 

the alleged discrimination to attempt to 

resolve them. Aggrieved applicants, 

candidates, Members, and Volunteers 

applying for, or enrolled in programs 

operated by CNCS, or by recipients or 

subrecipients of CNCS assistance or 

resources, shall direct their allegations 

to the designated Counselor. 

(b) Upon receipt of the allegation, the 

Counselor or designee shall make 

whatever inquiry is deemed necessary 

into the facts alleged by the aggrieved 

party and shall counsel the aggrieved 

party for the purpose of attempting an 

informal resolution agreeable to all 

parties. The Counselor will keep a 

written record of his or her activities 

which will be submitted to the EEOP 

Director if a formal complaint 

concerning the matter is filed. 

(c) If after such inquiry and 

counseling an informal resolution to the 

allegation is not reached, the Counselor 

shall notify the aggrieved party in 

writing of the right to file a complaint 

of discrimination with the EEOP 

Director within 15 calendar days of the 

aggrieved party’s receipt of the notice. 

(d) The Counselor shall not reveal the 

identity of the aggrieved party who has 

come to him or her for consultation, 

except when authorized to do so by the 

aggrieved party. However, the identity 

of the aggrieved party may be revealed 

once the agency has accepted a 

complaint of discrimination from the 

aggrieved party. 

§ 1225.9 Complaint Procedure. 

(a) The EEOP Director must accept a 

complaint if the process set forth above 

has followed, and the complaint states 

a charge of illegal discrimination. The 

agency will extend the time limits set 

herein (a) when the complainant shows 

that he or she was not notified of the 

time limits and was not otherwise aware 

of them, or (b) the complainant shows 

that he or she was prevented by 

circumstances beyond his or her control 

from submitting the matter in a timely 

fashion, or (c) for other reasons 

considered sufficiently by the agency. 

At any time during the complaint 

procedure, the EEOP Director may 

cancel a complaint because of failure of 

the aggrieved party to prosecute the 

complaint. If the complaint is rejected 

for failure to meet one or more of the 

requirements set out in the procedure 

outlined in 1225.8 or is cancelled, the 

EEOP Director shall inform the 

aggrieved party in writing of this Final 

Agency Decision: That CNCS will take 

no further action; and of the right, to file 

a civil action as described in 1225.21 of 

this part. 

(b) Upon acceptance of the complaint 

and receipt of the Counselor’s report, 

the EEOP Director shall provide for the 

prompt investigation of the complaint. 

Whenever possible, the person assigned 

to investigate the complaint shall 

occupy a position in the agency which 

is not, directly or indirectly, under the 

jurisdiction of the head of that part of 

the agency in which the complaint 

arose. The investigation shall include a 

thorough review of the circumstances 

under which the alleged discrimination 

occurred, and any other circumstances 

which may constitute, or appear to 

constitute discrimination against the 

complainant. The investigator shall 

compile an investigative file, which 

includes a summary of the investigation, 

recommended findings of fact and a 

recommended resolution of the 

complaint. The investigator shall 

forward the investigative file to the 

EEOP Director and shall provide the 

complainant with a copy. 

(c) The EEOP Director shall review 

the complaint file including any 

additional statements provided by the 

complainant, make findings of fact, and 

shall offer an adjustment of the 

complaint if the facts support the 

complaint. If the proposed adjustment is 

agreeable to all parties, the terms of the 

adjustment shall be reduced to writing, 

signed by both parties, and made part of 

the complaint file. A copy of the terms 

of the adjustment shall be provided to 

the complainant. If the proposed 

adjustment of the complaint is not 

acceptable to the complainant, or the 

EEOP Director determines that such an 

offer is inappropriate, the EEOP Director 

shall forward the complaint file with a 

written notification of the findings of 

facts, and his or her recommendations 

of the proposed disposition of the 

complaint to the CEO or their designee. 

The aggrieved party shall receive a copy 

of the notification and recommendation 

and shall be advised of the right to 

appeal the recommended disposition to 

the CEO or their designee. Within ten 

(10) calendar days of receipt of such 

notice the complainant may submit his 

or her appeal of the recommended 

disposition to the CEO or their designee. 

(d) Appeal to CEO. If no timely notice 

of appeal is received from the aggrieved 

party, the CEO or their designee may 

adopt the proposed disposition as the 

Final Agency Decision. If the aggrieved 

party appeals, the CEO, or a designee 

who has been delegated authority to 

issue such a decision, after review of the 

total complaint file, shall issue a 

decision to the aggrieved party. The 

decision of the CEO, or their designee, 

shall be in writing, state the reasons 

underlying the decision, shall be the 

Final Agency Decision, shall inform the 

aggrieved party of the right to file a civil 

action as described in 1225.21 of this 

part, and, if appropriate, designate the 

procedure to be followed for the award 

of attorney fees or costs. 

§ 1225.10 Corrective Action. 

When it has been determined by Final 

Agency Decision that the aggrieved 

party has been subjected to illegal 

discrimination, the following corrective 

actions may be taken: 

(a) Selection as a Member or 

Volunteer for aggrieved parties found to 

have been denied selection based on 

prohibited discrimination. 

(b) Reappointment to national service 

for aggrieved parties found to have been 

early-terminated as a result of 

prohibited discrimination. To the extent 

possible, a Member or Volunteer will be 

placed in the same position previously 

held. However, reassignment to the 

specific position previously held is 

contingent on several programmatic 

considerations such as the continued 

availability of the position. If the same 

position is deemed to be no longer 

available, the aggrieved party will be 

offered a reassignment to a position in 

as similar circumstances to the position 

previously held, or to resign from 

service for reasons beyond his or her 

control. Such a reassignment may 

require both additional training and an 

additional commitment to national 

service. 

(c) Provision for reasonable attorney 

fees and other costs incurred by the 

aggrieved party. 

(d) Such other relief as may be 

deemed appropriate by the CEO or their 

designee. 

§ 1225.11 Amount of Attorney Fees. 

(a) When a decision of the agency 

provides for an award of attorney’s fees 

or costs, the complainant’s attorney 

shall submit a verified statement of 

costs and attorney’s fees as appropriate, 

to the agency within 20 days of receipt 

of the decision. A statement of 

Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Proposed Rules 81861 

attorney’s fees shall be accompanied by 

an affidavit executed by the attorney of 

record itemizing the attorney’s charges 

for legal services. Both the verified 

statement and the accompanying 

affidavit shall be made a part of the 

complaint file. The amount of attorney’s 

fees or costs to be awarded the 

complainant shall be determined by 

agreement between the complainant, the 

complainant’s representative and the 

CEO or their designee. Such agreement 

shall immediately be reduced to writing. 

If the complainant, the representative 

and the agency cannot reach an 

agreement on the amount of attorney’s 

fees or costs within 20 calendar days of 

receipt of the verified statement and 

accompanying affidavit, the CEO or 

their designee shall issue a decision 

determining the amount of attorney fees 

or costs within 30 calendar days of 

receipt of the statement and affidavit. 

Such decision shall include the specific 

reasons for determining the amount of 

the award. 

(b) The amount of attorney’s fees shall 

be made in accordance with the 

following standards: The time and labor 

required, the novelty and difficulty of 

the questions, the skills requisite to 

perform the legal service properly, the 

preclusion of other employment by the 

attorney due to acceptance of the case, 

the customary fee, whether the fee is 

fixed or contingent, time limitation 

imposed by the client or the 

circumstances, the amount involved and 

the results obtained, the experience, 

reputation, and ability of the attorney, 

the undesirability of the case, the nature 

and length of the professional 

relationship with the client, and the 

awards in similar cases. 

Subpart C—Processing Class 

Complaints of Discrimination 

§ 1225.12 Precomplaint Procedure. 

An applicant, candidate, Member or 

Volunteer who believes that he or she is 

among a group of present or former 

CNCS national service applicants, 

candidates, Members or Volunteers, 

who have been illegally discriminated 

against and who wants to be an agent for 

the class shall follow those 

precomplaint procedures outlined in 

1225.8 of this part. 

§ 1225.13 Acceptance, Rejection or 

Cancellation of a Complaint. 

(a) Upon receipt of a class complaint, 

the Counselor’s report, and any other 

information pertaining to timeliness or 

other relevant circumstances related to 

the complaint, the EEOP Director shall 

review the file to determine whether to 

accept or reject the complaint, or a 

portion thereof, for any of the following 

reasons: 

(1) It was not timely filed; 

(2) It consists of an allegation which 

is identical to an allegation contained in 

a previous complaint filed on behalf of 

the same class which is pending in the 

agency or which has been resolved or 

decided by the agency; 

(3) It is not within the purview of this 

subpart; 

(4) The agent failed to consult a 

Counselor in a timely manner; 

(5) It lacks specificity and detail; 

(6) It was not submitted in writing or 

was not signed by the agent; 

(7) It does not meet the following 

prerequisites. 

(i) The class is so numerous that a 

consolidated complaint of the members 

of the class is impractical; 

(ii) There are questions of fact 

common to the class; 

(iii) The claims of the agent of the 

class are representative of the claims of 

the class; 

(iv) The agent of the class, or his or 

her representative will fairly and 

adequately protect the interest of the 

class. 

(b) If an allegation is not included in 

the Counselor’s report, the EEOP 

Director shall afford the agent 15 

calendar days to explain whether the 

matter was discussed and if not, why he 

or she did not discuss the allegation 

with the Counselor. If the explanation is 

not satisfactory, the EEOP Director may 

decide to reject the allegation. If the 

explanation is not satisfactory, the EEOP 

Director may require further counseling 

of the agent. 

(c) If an allegation lacks specificity 

and detail, or if it was not submitted in 

writing or not signed by the agent, the 

EEOP Director shall afford the agent 30 

days from his or her receipt of 

notification of the complaint defects to 

resubmit an amended complaint. The 

EEOP Director may decide that the 

agency reject the complaint if the agent 

fails to provide such information within 

the specified time period. If the 

information provided contains new 

allegations outside the scope of the 

complaint, the EEOP Director must 

advise the agent how to proceed on an 

individual or class basis concerning 

these allegations. 

(d) The EEOP Director may extend the 

time limits for filing a complaint and for 

consulting with a Counselor when the 

agent, or his or her representative, 

shows that he or she was not notified of 

the prescribed time limits and was not 

otherwise aware of them or that he or 

she was prevented by circumstances 

beyond his or her control from acting 

within the time limit. 

(e) When appropriate, the EEOP 

Director may determine that a class be 

divided into subclasses and that each 

subclass be treated as a class, and the 

provisions of this section than shall be 

construed and applied accordingly. 

(f) The EEOP Director may cancel a 

complaint after it has been accepted 

because of failure of the agent to 

prosecute the complaint. This action 

may be taken only after: 

(1) The EEOP Director has provided 

the agent a written request, including 

notice of proposed cancellation, that he 

or she provide certain information or 

otherwise proceed with the complaint; 

and 

(2) within 30 days of his or her receipt 

of the request. 

(g) An agent must be informed by the 

EEOP Director in a request under 

paragraphs (b) or (c) of this section that 

his or her complaint may be rejected if 

the information is not provided. 

§ 1225.14 Consolidation of Complaints. 

The EEOP Director may consolidate 

the complaint if it involves the same or 

sufficiently similar allegations as those 

contained in a previous complaint filed 

on behalf of the same class which is 

pending in the agency or which had 

been resolved or decided by the agency. 

§ 1225.15 Notification and Opting Out. 

(a) Upon acceptance of a class 

complaint, the agency, within 30 

calendar days, shall use reasonable 

means such as delivery, mailing, 

distribution, or posting, to notify all 

class members of the existence of the 

class complaint. 

(b) A notice shall contain: 

(1) The name of the agency or 

organizational segment thereof, its 

location and the date of acceptance of 

the complaint: 

(2) A description of the issues 

accepted as part of the class complaint; 

(3) an explanation that class members 

may remove themselves from the class 

by notifying the agency within 30 

calendar days after issuance of the 

notice; and 

(4) an explanation of the binding 

nature of the final decision or resolution 

of the complaint. 

§ 1225.16 Investigation and Adjustment of 

Complaint. 

The complaint shall be processed 

promptly after it has been accepted. 

Once a class complaint has been 

accepted, the procedure outlined in 

1225.9 of this part shall apply. 

§ 1225.17 Agency Decision. 

(a) If an adjustment of the complaint 

cannot be made, the procedures 

outlined in 1225.9 shall be followed by 

81862 Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Proposed Rules 

the EEOP Director except that any 

notice required to be sent to the 

aggrieved party shall be sent to the agent 

of the class or his or her representative. 

(b) The Final Agency Decision on a 

class complaint shall be binding on all 

members of the class. 

§ 1225.18 Notification of Class Members of 

Decision. 

Class members shall be notified by the 

agency of the final agency decision and 

corrective action, if any, using at the 

minimum, the same media employed to 

give notice of the existence of the class 

complaint. The notice, where 

appropriate, shall include information 

concerning the rights of class members 

to seek individual relief and of the 

procedures to be followed. Notice shall 

be given by the Agency within ten (10) 

calendar days of the transmittal of its 

decision to the agent. 

§ 1225.19 Corrective Action. 

(a) When discrimination is found. 

CNCS, or the recipient or subrecipient 

of CNCS assistance or resources, as 

appropriate, must take appropriate 

action to eliminate or modify the policy 

or practice out of which such 

discrimination arose, and provide 

individual corrective action to the agent 

and other class members in accordance 

with 1225.10 of this part. 

(b) When discrimination is found and 

a class member believes that but for that 

discrimination he or she would have 

been accepted as a Member of Volunteer 

or received some other volunteer service 

benefit, the class member may file a 

written claim with the EEOP Director 

within thirty (30) calendar days of 

notification by the agency of its 

decision. 

(c) The claim must include a specific, 

detailed statement showing that the 

claimant is a class member who was 

affected by an action or matter resulting 

from the discriminatory policy or 

practice which arose not more than 30 

days preceding the filing of the class 

complaint. 

(d) The Agency shall attempt to 

resolve the claim within sixty (60) 

calendar days after the date the claim 

was postmarked, or in the absence of a 

postmark, within sixty (60) calendar 

days after the date it was received by the 

EEOP Director. 

§ 1225.20 Claim Appeals. 

(a) If the EEOP Director and claimant 

do not agree that the claimant is a 

member of the class, or upon the relief 

to which the claimant is entitled, the 

EEOP Director shall refer the claim, 

with recommendations concerning it, to 

the CEO or their designee for a Final 

Agency Decision and shall so notify the 

claimant. The class member may submit 

written evidence to the CEO or their 

designee concerning his or her status as 

a member of the class. Such evidence 

must be submitted no later than ten (10) 

calendar days after receipt of referral. 

(b) The CEO or their designee shall 

decide the issue within thirty (30) days 

of the date of referral by the EEOP 

Director. The claimant shall be informed 

in writing of the decision and its basis 

and that it will be the Final Agency 

Decision of the issue. 

§ 1225.21 Judicial Review. 

(a) An applicant, candidate, Member 

or Volunteer is authorized to file a civil 

action in an appropriate U.S. District 

Court: 

(1) Within thirty (30) calendar days of 

his or her receipt of the notice of final 

action taken by the agency; or 

(2) After one hundred eighty (180) 

calendar days from the date of filing a 

formal discrimination complaint with 

the agency if there has been no final 

agency action. 

Dated: November 20, 2020. 

Helen Serassio, 

Acting General Counsel of Corporation for 

National and Community Service. 

Timothy Noelker, 

General Counsel of the Peace Corps. 

[FR Doc. 2020–26122 Filed 12–16–20; 8:45 am] 

BILLING CODE 6051–01–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 926 

[SATS No. MT–039–FOR; Docket ID: OSM– 

2020–0004; S1D1S SS08011000 SX064A000 

212S180110; S2D2S SS08011000 

SX064A000 21XS501520] 

Montana AML Plan 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Proposed rule; public comment 

period and opportunity for public 

hearing on proposed amendment. 

SUMMARY: We, the Office of Surface 

Mining Reclamation and Enforcement 

(OSMRE), are announcing receipt of a 

proposed amendment to the Montana 

Abandoned Mine Land Reclamation 

Plan (Montana Plan) under the Surface 

Mining Control and Reclamation Act of 

1977 (SMCRA or the Act). The State 

submitted this proposal in response to 

OSMRE’s request to update the Montana 

Plan. Montana also seeks to make 

changes that will improve the Plan’s 

readability and operational efficiency. 

This document gives the times and 

locations that the Montana Plan and this 

proposed amendment to that Plan are 

available for your inspection, the 

comment period during which you may 

submit written comments on the 

amendment, and the procedures that we 

will follow for the public hearing, if one 

is requested. 

DATES: We will accept written 

comments on this amendment until 4:00 

p.m., M.D.T., January 19, 2021. If 

requested, we will hold a public hearing 

on the amendment on January 11, 2021. 

We will accept requests to speak at a 

hearing until 4:00 p.m., M.D.T. on 

January 4, 2021. 

ADDRESSES: You may submit comments, 

identified by SATS No. MT–039–FOR, 

by any of the following methods: 

• Mail/Hand Delivery: OSMRE, Attn: 

Jeffrey Fleischman, P.O. Box 11018, 

Dick Cheney Federal Building, 100 East 

B Street, Casper, WY 82601–7032. 

• Fax: (307) 261–6552. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. For 

detailed instructions on submitting 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Comment Procedures’’ heading 

of the SUPPLEMENTARY INFORMATION

section of this document. 

Docket: For access to the docket to 

review copies of the Montana program, 

this amendment, a listing of any 

scheduled public hearings, and all 

written comments received in response 

to this document, you must go to the 

address listed below during normal 

business hours, Monday through Friday, 

excluding holidays. You may receive 

one free copy of the amendment by 

contacting OSMRE’s Casper Field Office 

or the full text of the program 

amendment is available for you to read 

at www.regulations.gov. 

Attn: Jeffrey Fleischman, Division 

Manager, Office of Surface Mining 

Reclamation and Enforcement, OSMRE, 

Dick Cheney Federal Building, 150 East 

B Street, Casper, WY 82601–7032. 

Telephone: 307–261–6550. Email: 

JFleischman@osmre.gov. 

In addition, you may review a copy of 

the amendment during regular business 

hours at the following location: 

Montana Department of Environmental 

Quality, 1225 Cedar Street, Helena, MT 

59601. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Fleischman, Office of Surface