« PreviousContinue »
PART 303—AVAILABILITY OF REC
ance with procedures set forth in § 303.7, ORDS OF THE PEACE CORPS
that a record is exempt from disclosure
and is to be withheld in the public inSec.
terest. All applications, publications, 303.1 Definitions.
and other documents heretofore provided 303.2 Availability of Records.
by the Peace Corps in the normal course 303.3 Availability of statements of policy,
of business will continue to be made interpretations, manuals, opinions, and instructions.
available, without charge, upon request 303.4 Records which may be exempt from
to the appropriate unit. disclosure.
§ 303.3 303.5 Authority to release and certify
Availability of statements of policy, interpretations, mar
nanuals, opinrecords. 303.6 Public reading room.
ions, and instructions. 303.7 Manner of requesting records.
Statements of policy, interpretations, 303.8 Schedule of fees and method of pay- administrative manuals (or portions ment for services rendered.
thereof), opinions, and instructions to AUTHORITY: The provisions of this part staff which affect any member of the 303 issued under sec. 4, 75 Stat. 612; 22 public will be made available to the pubU.S.C. 2503, 5 U.S.C. 552, E.O. 10501, as
lic in the public reading room for inamended; 3 CFR, 1949–1953 Comp., E.O.
spection and copying, except to the 11041, as amended; 3 CFR, 1959–1963 Comp., State Department Delegation of Authority
extent they are determined by the GenNo. 85-11A, as amended.
eral Counsel to be exempt from dis
closure under $ 303.4. SOURCE: The provisions of this part 303 appear at 32 F.R. 9654, July 4, 1967, unless
$ 303.4 Records which may be exempt otherwise noted.
from disclosure. $ 303.1 Definitions.
The following categories are examples As used in this part, the following def- of records maintained by the Peace initions shall apply:
Corps which, under 5 U.S.C. 552(b), may (a) The term “identifiable" means, in be exempted from disclosure: the context of a request for a record, a (a) Records required to be withheld reasonably specific description of the by Executive order or other authority, particular record sought, such as date, relating to national defense or foreign format, and subject matter, which will policy. Included in this category are recpermit its location.
ords required by Executive Order No. (b) The term "record" includes all 10501, as amended, to be kept secret in books, papers, maps, photographs, or the interests of national defense or other documentary material, or copies foreign policy. thereof, regardless of physical form or (b) Records related solely to internal characteristics, made in or received by personnel rules and practices. Included the Peace Corps, and preserved as evi- in this category are internal rules and dence of its organization, functions, practices relating to management operapolicies, decisions, procedures, opera- tions which cannot be disclosed to the tions, or other activities.
public without substantial prejudice to
the effective performance of a significant § 303.2 Availability of records.
function of the Peace Corps. All identifiable records of the Peace (c) Records specifically exempted Corps requested under 5 U.S.C. 552 shall from disclosure by statute. Included in be made available to the public upon this category are records relating to the compliance with the procedures estab- officers and employees of the Foreign lished in this part, except to the extent Service (sec. 612 of the Foreign Service that a determination is made, in accord- Act of 1946, as amended, 22 U.S.C. 986).
(d) Information given in confidence. tion Officer is unavailable, Acting AuIncluded in this category are records thentication Officer, respectively. The reflecting commercial and financial in- Authentication Officer is hereby authorformation, as well as other information, ized to sign and issue certificates of obtained from any person and customar
authentication for and in the name of ily regarded as privileged and confiden- the Director or Acting Director of the tial by the person from whom they were Peace Corps. The form of authentication obtained, such as information provided shall be as follows: to physicians or psychologists regarding
In testimony whereof, I Peace Corps Volunteers or Volunteer Director of the Peace Corps, have hereunto applicants.
caused my name to be subscribed by the (e) Interagency or intra-agency mem- Authentication Officer of the said Agency, oranda or letters. Included in this cate- at
this gory are records such as interagency
day of communications and internal drafts, memoranda between officials and be
(Director of the Peace Corps)
Ву tween agencies, opinions and interpreta
(Authentication Officer, Peace Corps) tions prepared by staff or consultants; records of the deliberations of staff; and (3) The Authentication Officer is also records the premature disclosure of hereby authorized to issue such statewhich would interfere with the achieve- ments, certificates, or other documents ment of the purpose for which they were as may be required in connection with being prepared.
judicial proceedings or other official mat(f) Personnel, medical, and other files. ters to show that, after diligent search Included in this category are personnel of the Peace Corps' records, a requested and medical files for staff and Volunteers
record has not been found. (See Rule 44 and other files containing private or per- (b), Federal Rules of Civil Procedure for sonnel information, the public disclosure
the U.S. District Courts.) of which would amount to a clearly un
Public reading room. warranted invasion of the privacy of any person to whom the information pertains.
A public reading room or area, where (g) Investigatory files. Included in the records described in $ 303.3 shall be this category are files compiled for the made available without charge, is loenforcement of all laws, or prepared in
cated in Peace Corps Headquarters, 806 connection with Government litigation
Connecticut Avenue NW., Washington, and adjudicative proceedings, except for
D.C. Inquiries as to its location should be those portions of such files which are by
directed to the Peace Corps receptionist. law available to persons in litigation
§ 303.7 Manner of requesting records. with the Government, in which case such portions shall be made available to
(a) Requests under 5 U.S.C. 552 for such litigants.
access to Peace Corps records may be
filed, in person or by mail, with the Di§ 303.5 Authority to release and certify rector of Public Information at Peace records.
Corps Headquarters, 806 Connecticut (a) Authority is hereby delegated to Avenue NW., Washington, D.C. 20525. the Director, Administrative Services Di- Personal requests shall be received bevision, Office of Administration to
tween 10 a.m. and 4 p.m., Monday furnish, pursuant to the regulations of through Friday, except official holidays. this part, copies of records to any person
Records will be made available as entitled thereto, and upon request to promptly as is reasonably possible under provide certified copies thereof for use the particular circumstances involved. in judicial proceedings or other official (b) Requests relating to any other matters as provided in this section. Federal agency's records copies of which
(1) Notice is hereby given that no seal are on file in the Peace Corps will norhas been adopted for the Peace Corps.
mally be referred to that agency for con(2) The Director of the Administra- sideration. tive Services Division, and the Deputy
(c) Personal requests for access to Director of the Administrative Services records shall be made on Peace Corps Division, Office of Administration, are
Form No. 1193. Copies of that form are hereby designated to act as Authentica- available in the Office of Public Information Officer and, when the Authentica
tion and the public reading room or area.
In the case of requests made by mail, the (g) The General Counsel shall form will be completed by the Office of promptly advise the Office Director Public Information.
whether or not the record concerned is (d) Upon receipt of a request for a exemptable under 5 U.S.C. 552(b). record, the Director of the Office of Pub
(h) If the General Counsel advises lic Information shall make an initial
that the record is exemptable, the Office determination as to whether the request
Director, in consultation with the Direced record is identifiable within the mean
tor of the Office of Public Information, ing of $ 303.1(a). Upon making an initial
shall then determine whether or not the affirmative determination, he shall refer
record should, in the public interest, be the request to the head of the unit con
withheld. If the decision is to withhold cerned and so advise the requestor. Upon
the record, the General Counsel shall receipt of the request, the head of the
notify the requestor in writing, clearly unit shall determine whether the record is identifiable within the meaning of
stating the reasons for the decision
reached. $ 303.1(a).
(i) If the requested record is identifi(e) If the Director of the Office of Pub
able and the unit head or Office Director lic Information or the head of the unit concerned determines that a requested
concerned has found no reason to with
hold it, or if after receiving the General record is not identifiable within the
Counsel's advice the Office Director demeaning of $ 303.1(a), the requestor
cides not to withhold the record, the reshall be so advised and shall be permitted to amend his request to provide any addi
quested record shall be made available to tional information that would make the
the requestor as described in subpararecord identifiable. The requestor may
graphs (1) and (2) of this paragraph.
(1) Original or record copies of recseek appropriate assistance from the head of the unit concerned or the Direc
ords will not be permitted to leave the tor of the Office of Public Information, or
custody of the lawful custodian thereof. a member of either of their staffs, in
(2) Photostatic copies, duly certified identifying the record sought.
upon request, will be furnished in lieu (f) If the requested record is identifi- thereof in accordance with the fees esable, the head of the unit concerned shall tablished in § 303.8. make it available, as described in paragraph (i) of this section, unless he deter- (j) Any requestor may request the mines that disclosure may be contrary Director of the Peace Corps to review a to the public interest, with a view to the determination that an identifiable recexemptions described in § 303.4. When ord be withheld. Request for review may he so determines, he shall immedi- be made by a letter or other written ately refer the request and the record statement setting forth the pertinent concerned to the Director of the Office in facts. The Director reserves the right to which his unit is located. If that Director require the requestor involved to present determines that the requested record additional information in support of his should be withheld for this reason, he request for review. The Director will shall immediately refer the request and promptly consider each request for rethe record concerned to the General view and notify the requestor involved, in Counsel.
writing, of his decision.
& 303.8 Schedule of fees and method of
payment for services rendered.
utes for records; minimum
$3.50 (2) Other facilitative services and in
dex assistance of more than 10
.40 (4) Certification of each record as a true copy-
. 75 (5) For each certified statement of failure to locate record..
75 (6) For each signed statement of
nonavailability of record------- No fee. (b) When no specific fee has been established for a service, or the requested service does not fall under one of the above categories due to the amount or type thereof, the Director, Administrative Services Division, is authorized to establish an appropriate fee pursuant to the criteria established in Bureau of the Budget Circular No. A-25, entitled “User Charges."
(c) (1) The minimum appropriate charge shall be paid in advance of the search or other service incident to the request, whether by mail or in person, for identifiable records.
(2) The remainder of the charges, if any, shall be paid on completion of the search or prior to the issuance of requested copies.
(3) Payments shall be made to the appropriate unit head or his designee.
(d) Remittances shall be in the form either of a personal check or bank draft drawn on a bank in the United States; or postal money order; or cash. Remittances shall be made payable to the order of the Peace Corps. The Peace Corps will assume no responsibility for cash which is lost in the mail.
(e) A receipt for fees paid will be given only upon request. Refund of fees paid for services actually rendered will not be made.