PART 303-AVAILABILITY OF RECORDS OF THE PEACE CORPS

Sec.

303.1 Definitions.

303.2 Availability of Records.

303.3 Availability of statements of policy, interpretations, manuals, opinions, and instructions.

303.4 Records which may be exempt from disclosure.

303.5 Authority to release and certify records.

303.6 Public reading room.

303.7

Manner of requesting records. 303.8 Schedule of fees and method of payment for services rendered.

AUTHORITY: The provisions of this part 303 issued under sec. 4, 75 Stat. 612; 22 U.S.C. 2503, 5 U.S.C. 552, E.O. 10501, as amended; 3 CFR, 1949-1953 Comp., E.O. 11041, as amended; 3 CFR, 1959-1963 Comp., State Department Delegation of Authority No. 85-11A, as amended.

SOURCE: The provisions of this Part 303 appear at 32 F.R. 9654, July 4, 1967, unless otherwise noted.

As used in this part, the following definitions shall apply:

(a) The term "identifiable" means, in the context of a request for a record, a reasonably specific description of the particular record sought, such as date, format, and subject matter, which will permit its location.

(b) The term "record" includes all books, papers, maps, photographs, or other documentary material, or copies thereof, regardless of physical form or characteristics, made in or received by the Peace Corps, and preserved as evidence of its organization, functions, policies, decisions, procedures, operations, or other activities.

§ 303.4 Records which may be exempt from disclosure.

The following categories are examples of records maintained by the Peace Corps which, under 5 U.S.C. 552(b), may be exempted from disclosure:

(a) Records required to be withheld by Executive order or other authority, relating to national defense or foreign policy. Included in this category are records required by Executive Order No. 10501, as amended, to be kept secret in the interests of national defense or foreign policy.

(b) Records related solely to internal personnel rules and practices. Included in this category are internal rules and practices relating to management operations which cannot be disclosed to the public without substantial prejudice to the effective performance of a significant function of the Peace Corps.

(c) Records specifically exempted from disclosure by statute. Included in this category are records relating to the officers and employees of the Foreign Service (sec. 612 of the Foreign Service Act of 1946, as amended, 22 U.S.C. 986).

(d) Information given in confidence. Included in this category are records reflecting commercial and financial information, as well as other information, obtained from any person and customarily regarded as privileged and confidential by the person from whom they were obtained, such as information provided to physicians or psychologists regarding Peace Corps Volunteers or Volunteer applicants.

(e) Interagency or intra-agency memoranda or letters. Included in this category are records such as interagency communications and internal drafts, memoranda between officials and between agencies, opinions and interpretations prepared by staff or consultants; records of the deliberations of staff; and records the premature disclosure of which would interfere with the achievement of the purpose for which they were being prepared.

(f) Personnel, medical, and other files. Included in this category are personnel and medical files for staff and Volunteers and other files containing private or personnel information, the public disclosure of which would amount to a clearly unwarranted invasion of the privacy of any person to whom the information pertains.

(g) Investigatory files. Included in this category are files compiled for the enforcement of all laws, or prepared in connection with Government litigation and adjudicative proceedings, except for those portions of such files which are by law available to persons in litigation with the Government, in which case such portions shall be made available to such litigants.

§ 303.5 Authority to release and certify records.

(a) Authority is hereby delegated to the Director, Administrative Services Division, Office of Administration, to furnish, pursuant to the regulations of this part, copies of records to any person entitled thereto, and upon request to provide certified copies thereof for use in judicial proceedings or other official matters as provided in this section.

(1) Notice is hereby given that no seal has been adopted for the Peace Corps.

(2) The Director of the Administrative Services Division, and the Deputy Director of the Administrative Services Division, Office of Administration, are hereby designated to act as Authentication Officer and, when the Authentica

A public reading room or area, where the records described in § 303.3 shall be made available without charge, is located in Peace Corps Headquarters, 806 Connecticut Avenue NW., Washington, D.C. Inquiries as to its location should be directed to the Peace Corps receptionist. § 303.7 Manner of requesting records.

(a) Requests under 5 U.S.C. 552 for access to Peace Corps records may be filed, in person or by mail, with the Director of Public Information at Peace Corps Headquarters, 806 Connecticut Avenue NW., Washington, D.C. 20525. Personal requests shall be received between 10 a.m. and 4 p.m., Monday through Friday, except official holidays. Records will be made available promptly as is reasonably possible under the particular circumstances involved.

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(b) Requests relating to any other Federal agency's records copies of which are on file in the Peace Corps will normally be referred to that agency for consideration.

(c) Personal requests for access to records shall be made on Peace Corps Form No. 1193. Copies of that form are available in the Office of Public Information and the public reading room or area.

In the case of requests made by mail, the form will be completed by the Office of Public Information.

(d) Upon receipt of a request for a record, the Director of the Office of Public Information shall make an initial determination as to whether the requested record is identifiable within the meaning of § 303.1(a). Upon making an initial affirmative determination, he shall refer the request to the head of the unit concerned and so advise the requestor. Upon receipt of the request, the head of the unit shall determine whether the record is identifiable within the meaning of § 303.1(a).

(e) If the Director of the Office of Public Information or the head of the unit concerned determines that a requested record is not identifiable within the meaning of § 303.1(a), the requestor shall be so advised and shall be permitted to amend his request to provide any additional information that would make the record identifiable. The requestor may seek appropriate assistance from the head of the unit concerned or the Director of the Office of Public Information, or a member of either of their staffs, in identifying the record sought.

(f) If the requested record is identifiable, the head of the unit concerned shall make it available, as described in paragraph (i) of this section, unless he determines that disclosure may be contrary to the public interest, with a view to the exemptions described in § 303.4. When he so determines, he shall immediately refer the request and the record concerned to the Director of the Office in which his unit is located. If that Director determines that the requested record should be withheld for this reason, he shall immediately refer the request and the record concerned to the General Counsel.

Counsel shall

(g) The General promptly advise the Office Director whether or not the record concerned is exemptable under 5 U.S.C. 552(b).

(h) If the General Counsel advises that the record is exemptable, the Office Director, in consultation with the Director of the Office of Public Information, shall then determine whether or not the record should, in the public interest, be withheld. If the decision is to withhold the record, the General Counsel shall notify the requestor in writing, clearly stating the reasons for the decision reached.

(i) If the requested record is identifiable and the unit head or Office Director concerned has found no reason to withhold it, or if after receiving the General Counsel's advice the Office Director decides not to withhold the record, the requested record shall be made available to the requestor as described in subparagraphs (1) and (2) of this paragraph.

(1) Original or record copies of records will not be permitted to leave the custody of the lawful custodian thereof.

(2) Photostatic copies, duly certified upon request, will be furnished in lieu thereof in accordance with the fees established in § 303.8.

(j) Any requestor may request the Director of the Peace Corps to review a determination that an identifiable record be withheld. Request for review may be made by a letter or other written statement setting forth the pertinent facts. The Director reserves the right to require the requestor involved to present additional information in support of his request for review. The Director will promptly consider each request for review and notify the requestor involved, in writing, of his decision.