Whether the Peace Corps Director May Certify Peace Corps Response Volunteers for Noncompetitive Eligibility for Federal Employment Under Executive Order 11103
Background
- PCRV terms range from 3 to 12 months, distinct from traditional ~27-month terms.
- Executive Order 11103 grants noncompetitive eligibility to volunteers who complete a full term of service (approximately two years).
- The Order allows certificates for a lesser period if the Director finds sufficient duration and that the shortfall was due to circumstances beyond the volunteer's control.
- PCRVs operate under Peace Corps Response, a shorter-term program with similar benefits to traditional volunteers except for the eligibility certificate.
- OPM and internal Peace Corps guidance were considered but the opinion concludes PCRVs do not qualify under either the full-term rule or the exception for circumstances beyond the volunteer's control.
- The analysis concludes that the Order’s two-year term expectation and the case-by-case exception do not extend noncompetitive eligibility to PCRVs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether PCRVs satisfy the Order's full-term requirement | PCRVs complete only 3–12 months, not approximately two years | Order § 3 contemplates two-year term or qualifying exceptions | PCRVs do not qualify under full-term rule |
| Whether PCRVs fit the exception for incomplete terms due to circumstances beyond control | Exception could apply when termination is beyond control | Exception is designed for case-by-case, not broad PCRV class | Exception does not authorize certificates for PCRVs |
Key Cases Cited
- John R. Sand & Gravel Co. v. United States, 552 U.S. 130 (U.S. 2008) (stare decisis and interpretation considerations in agency orders)