MS 601: Administration of the Peace Corps Personnel System

Date: 07/15/98
Office: 05/10/84, 06/08/67
Supersedes: Human Resource Management (M/HRM)

Table of Contents

Table Of Contents

1.0 Purpose

This Manual Section describes the overall policies and authorities of the Peace Corps personnel system. The basic authority for the Peace Corps personnel system is section 7 of the Peace Corps Act, which authorizes the Peace Corps to use the Foreign Service personnel system contained in the Foreign Service Act of 1980 as its exclusive personnel system for all employees except experts and consultants.

2.0 Peace Corps Personnel System

2.1 General

The Peace Corps personnel system, while it uses the Foreign Service Act of 1980 as its source of authority, is unique. Section 7(a)(2) (22 USC 2506[ a][ 2]) of the Peace Corps Act authorizes the President to "utilize such authority contained in the Foreign Service Act of 1980 relating to members of the Foreign Service and other United States government officers and employees as the President deems necessary to carry out functions under this Act..." The characteristics that make the Peace Corps system unique are that its U.S. citizen employees 1) are appointed for limited periods of time, and 2) may not be reemployed until a period of time equal to the time they were employed by the Peace Corps has elapsed. Since Peace Corps appointments are of limited duration, those provisions of the Foreign Service Act that apply exclusively to career Foreign Service Officers do not apply to Peace Corps employees.

2.2 Foreign Service Members

Except as provided below, all Peace Corps employees other than the Director and Deputy Director are appointed members of the Foreign Service using authority contained in section 7(a)(2) of the Peace Corps Act and section 303 of the Foreign Service Act of 1980 (22 USC 3943). They receive time-limited non-career appointments in the excepted service, and are ineligible for allowances and benefits authorized exclusively for career Foreign Service Officers. U.S. citizen Foreign Service appointments are designated "FP" appointments.

The Peace Corps also has a rarely used authority under section 7(a)(1) to appoint or assign individuals to overseas positions in the Peace Corps. Use of this authority requires the specific authorization of the Director.

2.3 General Schedule

The Peace Corps does not have authority to use the General Schedule authorities contained in title 5, United States Code. The Peace Corps does not, therefore, make appointments in the competitive Civil Service or excepted service appointments under schedules A, B, and C.

2.4 Time Limits

Except as noted in paragraph 2.5, appointments of United States citizens to the Foreign Service by the Peace Corps are always time limited. Appointments are only for the time granted and automatically expire at the end of that time.

Appointments may be extended, in the sole discretion of the authorized agency employee, but only if the extension satisfies the requirements of the Peace Corps Act. The Peace Corps Act generally limits Peace Corps employment to five years; authorizes the Director to extend appointments up to 12 months under special circumstances and up to 30 months to achieve specified statutory purposes; and prohibits an employee whose appointment has terminated from receiving another appointment until the passage of a period of time equal to the prior length of service. Neither satisfactory performance nor service for less than the maximum time permitted under the Peace Corps Act creates any right or expectation in an employee that his/her appointment will be extended.

2.5 Unlimited Status

Certain Peace Corps employees are not subject to the time limits on Peace Corps employment because their appointments were specifically designated as "for the duration of operations under the Peace Corps Act." These employees fall into two categories: 1) employees whose General Schedule appointments were at grade GS-8 or below prior to the repeal of Peace Corps' General Schedule appointment authority in October, 1965; and 2) employees who held such appointments when they were involuntarily transferred to the Foreign Service from ACTION effective December 29, 1981, pursuant to section 601(a) of Public Law 97-113.

2.6 Country Directors

Peace Corps Country Directors are appointed under authority of section 7(c) of the Peace Corps Act. In general, their appointments are on the terms and conditions described in section 7(a)(2) of the Peace Corps Act, except that their appointments may be terminated at the discretion of the Director at any time without notice, notwithstanding any other provision of law or this Manual.

2.7 Foreign Nationals

Foreign nationals may be appointed to the Foreign Service only for service abroad. Their appointments are not subject to the time limitations contained in section 7(a)(2) of the Peace Corps Act. Foreign nationals may not be appointed to positions in the United States. See MS 602, "Foreign Service National (FSN) Personnel Administration."

2.8 Senior Foreign Service

Peace Corps appointments to the Senior Foreign Service are not subject to the five percent limitation on such appointments established by section 305(b) of the Foreign Service Act of 1980.

2.9 Experts and Consultants

Experts and consultants are appointed under authority of section 13 of the Peace Corps Act and section 3109 of title 5, United States Code.

3.0 Policy

3.1 General

Peace Corps personnel policy is set forth in the Peace Corps Manual and in those provisions of the Foreign Affairs Manual (FAM) and the Standardized Regulations (Government Civilians, Foreign Areas) applicable to the Peace Corps or adopted by reference in the Peace Corps Manual, and such other laws and regulations as may be applicable to federal employees generally, e. g., the Privacy Act and provisions of law relating to health benefits, severance pay, and equal employment opportunity. In the absence of applicable provisions in those authorities, the office of Human Resources Management (M/HRM) may refer to rules and policies promulgated by the Office of Personnel Management for general guidance.

The goal of the Peace Corps personnel policy is to create, within the parameters of applicable law, a personnel framework in which employees can work to their fullest capacity and contribute to the mission of the Peace Corps.

The Peace Corps is committed to the equitable and consistent application of personnel policy for all employees. Every effort should be made to inform all Peace Corps employees of the rules and regulations affecting their employment with the Peace Corps. Individual employees share the responsibility for keeping themselves informed of personnel policies and procedures.

3.2 Compatibility with the Foreign Service System

In accordance with sections 203 and 205 of the Foreign Service Act of 1980 the Peace Corps personnel system is administered, to the extent practicable, in a manner that ensures maximum compatibility with the other agencies authorized by law to use the Foreign Service personnel system and in conformity with the general policies and regulations of the government.

3.3 Equal Employment Opportunities

The Peace Corps provides equal employment opportunity regardless of race, color, religion, sex, age, national origin, sexual orientation, or disability in the recruitment and appointment of employees, in promotion and in all subsequent personnel actions. See MS 653, "Affirmative Action and Equal Opportunity Programs," and MS 655, "Employee Grievance Procedure," for applicable complaint procedures.

3.4 Political Discrimination

The Peace Corps prohibits the application of political tests or political qualifications in appointment, promotion, or any other personnel action affecting personnel assigned to positions abroad, or to positions in the United States that are not confidential, policy making, policy determining, or policy advocating.

3.5 Negotiated Agreement

Certain Peace Corps employees (members of the "bargaining unit") are covered by a negotiated contract between the Peace Corps and the Peace Corps Employees' Union, which affects certain aspects of the Peace Corps personnel system as it relates to covered employees.

3.6 Basic Qualifications for Peace Corps Employment - U.S. Staff

3.6.1 Applications for Employment

All applicants for Peace Corps employment shall submit such signed application or other information as may be prescribed from time to time by the Director of M/HRM. The information provided will be used to determine the applicant's qualifications for employment. Providing false information in connection with obtaining employment by the Peace Corps is grounds for non-selection or dismissal after appointment; and may be punishable by fine or imprisonment. See MS 614, "Personnel Security Program," and MS 620, "Peace Corps Merit Selection and Promotion."

3.6.2 U.S. Citizenship

Employees of the Peace Corps, other than foreign national employees employed at Posts abroad, must be United States citizens.

3.6.3 Intelligence Background

See MS 611, "Eligibility for Peace Corps Employment or Volunteer Service of Applicants with Intelligence Backgrounds," for restrictions on employment of applicants who have been employed by intelligence agencies or otherwise associated with intelligence activities.

3.6.4 Security Investigations

As required by section 22 of the Peace Corps Act, all applicants for employment must undergo such investigations as may be prescribed by the Director.

3.7 Overseas Service

The Foreign Service Act states that all U.S. citizens receiving appointments to the Foreign Service should be available for overseas service.

4.0 Recruitment and Selection

The Peace Corps continues to seek outstanding candidates for its staff from all walks of life. Because Returned Peace Corps Volunteers (RPCVs) provide a vital and continuing source of well qualified candidates who are especially knowledgeable about the Agency's goals and operations, particular emphasis is given to the recruitment and selection of these applicants.

4.1 Overseas Employees

4.1.1 Medical Clearance

U.S. citizen overseas employees and their dependents must be medically cleared. The Peace Corps' medical clearance program is administered by the Department of State's Office of Medical Services. See 3 FAM 684 for details of the medical clearance program.

4.1.2 Country Directors

The Director of the Peace Corps makes final selection decisions for all Country Director positions. Country Directors are confidential, policy advocating employees. The selection process is as prescribed from time to time by the Director.

4.1.3 Other United States Citizen Overseas Employees

The selection of U.S. citizen employees, other than Country Directors and American Family Member employees, for service abroad is coordinated by the office of Human Resources Management (M/HRM). The Regional Director responsible for the country of assignment has final approval authority.

4.1.4 Foreign Service Nationals

See MS 602.

4.2 Full-time Positions in the United States

For positions filled through the competitive process, applicants must file an application with M/HRM within the prescribed time period in order to be considered for the position in question. M/HRM conducts a review of the applications and ensures compliance with the selection policies and procedures. Selection is made as provided in MS 620, paragraph 7.0.

4.3 Temporary Positions and Confidential/Policy Making Positions

Temporary positions and confidential, policy making, policy determining, or policy advocating positions are not required to be recruited competitively and are not subject to the merit selection and promotion procedures. No confidential, policy making, policy determining, or policy advocating position may be established without the written approval of the Chief of Staff.

5.0 Appointments

5.1 Foreign Service (U.S. Citizen) (FP)

5.1.1 Trial Period

Employees receiving Foreign Service appointments for a period of more than one year, other than employees excepted in MS 613, "Trial Period Procedures for Foreign Service Employees," are subject to a trial period. The trial period for positions in the United States is six months from the date of appointment and for overseas positions it is six months from the date of arrival at the overseas Post. See MS 613.

5.1.2 FP Employees

Peace Corps staff, other than Presidential appointees and experts and consultants, receive excepted service appointments as members of the Foreign Service under authority of section 7 of the Peace Corps Act and the Foreign Service Act of 1980.

5.1.3 Extensions Within the Five-year Period

Appointments may be extended for one or more additional periods but may not exceed a total of five years except as provided in paragraph 5.1.4. If an appointment is not to be extended beyond its expiration date, the employee will receive a thirty (30) day advance notice in writing. Employees who have reemployment rights to other federal agencies will receive sixty (60) days advance notice in writing. Failure to give the required notice entitles the employee to an extension for the period necessary to give the required notice. Employees whose appointments expire because they have reached the five-year limit on employment, or the expiration date of an appointment beyond the five-year limit, are not entitled to an extension because of the Agency's failure to give timely notice of the expiration date of the appointment.

5.1.4 Extensions Beyond Five Years

1. 12-month extension (sixth year) The Director of the Peace Corps has the authority to approve personally, on an individual basis, an extension of appointment not to exceed one year beyond the five-year limitation. Exercise of this authority is limited by law to "special circumstances."
2. 30-month extension (third tour)
   1. The appointment of an employee whose performance has been exceptional may be extended by the Director for not more than an additional two and one-half years to achieve one or more of the following purposes:
      1. To permit individuals who have served at least two and one-half years abroad to serve in the United States.
      2. To permit individuals who have served at least two and one-half years in the United States to serve abroad.
      3. To permit individuals who have served at least two and one-half years in a recruitment, selection, or training activity to serve in an activity other than the one to which they have most recently been assigned.
      4. To promote the continuity of functions in administering the Peace Corps.
   2. The number of appointments exceeding five years made under this authority may not at any time exceed fifteen percent of the total of all FP appointments of United States citizens currently in effect.

5.1.5 In/Out Rule

In accordance with the provisions of section 7(a)(2) of the Peace Corps Act, Peace Corps U.S. citizen FP employees appointed under that section may not be reappointed before the expiration of a period of time equal to the amount of time served under a preceding appointment. "Preceding appointment" means the total consecutive period of FP employment of the individual by the Peace Corps, including all extensions or appointments to new positions.

5.2 Foreign Service (U.S. Citizen) Temporary

Temporary Peace Corps employees, other than Foreign Service Nationals, receive appointments under section 7(a)(2) of the Peace Corps Act for periods of one year or less. Exceptions to this limitation may be granted by the Director of M/HRM when continuation of a temporary appointment is determined to be necessary and in the best interest of the Peace Corps. At the termination of the temporary appointment, the employee may not be reappointed before the expiration of a period of time equal to the amount of time served under the preceding appointment.

5.3 Foreign Service National (FSN)

See MS 602, paragraphs 5.1 and 6.0.

5.4 Presidential Appointments

The Director and Deputy Director of the Peace Corps are appointed by the President by and with the advice and consent of the Senate. Theirs are the only authorized Presidential appointments. See section 4(a) of the Peace Corps Act.

5.5 Experts and Consultants

An expert position is one that requires the services of a specialist with skills superior to those of others in the same profession, occupation, or activity to perform work on a temporary and/or intermittent basis. A consultant position is one that requires providing advice, views, opinions, alternatives, or recommendations on a temporary and/or intermittent basis on issues, problems, or questions presented by a federal official. Implementing regulations for expert and consultant appointments are found in 5 CFR part 304.

5.5.1 Expert Definition

An expert is a person who is specially qualified by education and experience to perform difficult and challenging tasks in a particular field, beyond the usual range of achievement of competent persons in that field. An expert is regarded by other persons in the field as an authority or practitioner of unusual competence and skill in a professional, scientific, technical, or other activity.

5.5.2 Consultant Definition

A consultant is a person who can provide valuable and pertinent advice generally drawn from a high degree of broad administrative, professional, or technical knowledge or experience or a person who is affected by a particular program and can provide useful views from personal experience.

5.5.3 Restrictions

An expert or consultant may not be appointed:

1. To do work performed by the agency's regular employees or to fill in during staff shortages.
2. To perform managerial or supervisory work (although an expert may act as team leader or director of the specific project for which he/she is hired), to make final decisions on substantive policies, or to otherwise function in the agency chain of command (e. g., to approve financial transactions, personnel actions, etc.).
3. To a position requiring Presidential appointment. This does not preclude appointing an individual as an expert or consultant while he/she awaits final action on a Presidential appointment (subject to the conditions set forth in 5 CFR part 304) or final clearance on appointment to a senior level confidential, policy making, policy determining, and/or policy advocating position.

5.5.4 Reappointment Limits

An expert or consultant may be employed on an intermittent, part-time, or full-time work schedule. Expert and consultant appointments may not exceed one service year in length. A service year is the calendar year that begins on the date of the individual's initial appointment. Renewal is accomplished by "reappointment."

An individual may be reappointed to an expert or consultant position that involves substantially different duties without regard to the basis of appointment (i. e., intermittent or temporary), work schedule (i. e., intermittent, part-time, or full-time), time limits imposed on a previous appointment, cumulative earnings, or the actual number of days the employee worked in the past service year. A different position is one with duties and responsibilities recognizably different from those of the previous assignment that cannot be considered an outgrowth or extension of that assignment. Some obvious indicators of a different position are different organizational location, different area of work, or work on an unrelated program. Reappointments of substantially the same duties may be limited by time or by cumulative earnings.

Time Limits Method An individual serving in an intermittent or part-time appointment may be reappointed indefinitely, as long as he/she does not work more than 130 days (6 months) in any service year. If an individual serving in an intermittent or part-time appointment is employed for more than 130 days in his/her first service year, he/she may be reappointed to perform substantially the same duties for one additional year. If such an individual is employed to perform substantially the same duties for more than 130 days in any subsequent service year, his/her appointment may not be renewed thereafter.

An expert or consultant with a full-time work schedule is not restricted as to the number of days he/she may work in a service year, but may not be reappointed more than once to perform substantially the same duties. Such an individual may not thereafter be reappointed to perform substantially the same duties on an intermittent, full-time, or part-time schedule.

Cumulative Earnings Method When a part-time or intermittent expert or consultant is initially reappointed Peace Corps may limit reappointments by using the expert's or consultant's earnings, rather than the time limits discussed above, as the limiting factor. If this method is used, the expert or consultant will be assigned a lifetime-earnings limit of twice the annual rate for GS-15, step 10 (excluding locality pay or any other additional pay), minus the cumulative pay earned during the appointment that is being renewed. This limit may be adjusted annually to reflect statutory increases in basic pay rates. Peace Corps may reappoint the expert or consultant as many times as desired until the expert or consultant reaches his/her lifetime earnings limit, at which time the appointment must be terminated without the possibility of reappointment to perform substantially the same duties.

6.0 Salary Determination

The office of Human Resource Management (M/HRM) is responsible for determining the grades and salaries offered to prospective Foreign Service and Senior Foreign Service employees, and to experts and consultants. The salary at the time of the initial appointment with the Peace Corps will be at the first step of the grade appointed, except in those cases where the applicant's experience, education, salary history, or other relevant factors support a higher step. The Director of HRM may authorize the higher step where warranted. Verification of salary history may be requested, including copies of tax forms or other evidence of salary history, as appropriate.

6.1 Applicants not Currently Employed by the U.S. Government

The applicant will normally be offered a starting salary that is not more than 6% above his/her last verified salary. The Director of M/HRM may authorize a higher salary based on such factors as the applicant's special qualifications, the difficulty of filling the position, geographic cost of living differences, verifiable comparison of benefit package costs, or the employer environment (e. g., a non-profit setting or academia).

6.2 Applicants Transferring From Another Federal Agency

6.2.1 Lateral Transfer

Applicants coming directly to the Peace Corps on lateral transfers will receive an initial salary that is closest to, but not less than, the grade and step of their previous position.

6.2.2 Transfer and Promotion

An applicant coming directly to the Peace Corps, who is promoted in connection with the transfer, will receive a salary that is the equivalent of two steps above (rounded to the next higher step) his/her previous salary.

6.3 Eligibility for Periodic Step Increases

Peace Corps employees are eligible for a Periodic Step Increase, based upon satisfactory performance, 52 weeks after their initial appointment in the Foreign Service personnel system, if the initial appointment is to salary step 1 through 9. They are eligible in 104 weeks if the initial appointment is to step 10 through 13. Service in another federal government agency will count toward the waiting period for individuals appointed by lateral transfer under paragraph 6.2.1. See MS 622, "Within-Class/Grade Salary Increases," for more details on periodic and meritorious increases.

7.0 Non-competitive Eligibility

7.1 Peace Corps Employees

Peace Corps employees appointed under section 7 of the Peace Corps Act who complete 36 months or more of continuous, satisfactory service are eligible for non-competitive appointment to the competitive service and to established merit systems in the excepted service of U.S. government executive branch agencies for a period of three years after separation from the Peace Corps.

7.2 Returned Peace Corps Volunteers (RPCVs)

Individuals who serve satisfactorily as Peace Corps Volunteers are eligible for non-competitive appointment to the competitive service and to established merit systems in the excepted service of U.S. government executive branch agencies including the Peace Corps for a period of one year after the completion of their service. The Peace Corps personnel system is an established merit system in the excepted service for purposes of non-competitive eligibility. The Peace Corps will extend the one-year period up to a maximum of three years in those cases where the RPCV is engaged in military service, in the pursuit of studies at a recognized institution of higher learning, or in other activities, such as volunteer programs, that, in the view of the Peace Corps, warrant the extension.

"Serve satisfactorily" means successful completion of a full term of service or completion of at least one year of service, including training, and termination of service for reasons beyond the control of the individual. See MS 285, "Volunteer Description of Service Statement and Certificate of Group Health Coverage," paragraph 3.0. Non-competitive appointment is discretionary with the appointing official. Its use is not mandatory.

7.3 Vista Volunteers

VISTA Volunteers who satisfactorily complete at least one year of VISTA service are eligible for non-competitive appointment in the same manner as RPCVs.

8.0 Reemployment Rights

Under the provisions of section 7 of the Peace Corps Act and section 310 of the Foreign Service Act of 1980, U.S. government employees who accept limited appointments with the Peace Corps may, at the discretion of the agency by which they are employed, be granted reemployment rights at the grade or class level held prior to the Peace Corps appointment.

9.0 Promotions

Eligibility for promotion is subject to the standards contained in MS 620, paragraph 8.0.

10.0 Termination of Appointments

Pursuant to section 611 of the Foreign Service Act of 1980, time-limited appointments in the Foreign Service may be terminated at any time. Terminations pursuant to MS 626, "Peace Corps Performance Appraisal System," and MS 652, "Disciplinary Procedure for Foreign Service Employees," must follow the procedures provided by the applicable Manual Section unless the employee waives in writing his/her rights under such Sections. Employees terminated for misconduct are also entitled to the procedures provided by section 610(a)(2)(A) of the Foreign Service Act of 1980. Employees terminated for other reasons not covered by MS 626 or 652 (e. g., abolishment of position) are entitled to 30 days advance notice of termination of their appointments.