vide 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 Authentication Officer is unavailable, Acting Authentication Officer, respectively. The Authentication Officer is hereby authorized to sign and issue certificates of authentication for and in the name of the Director or Acting Director of the Peace Corps. The form of authentication shall be as follows:

In testimony whereof, I

Director of the Peace Corps,

have hereunto caused my name to be subscribed by the Authentication Officer of the said Agency, at in this day

of

19---

By

(Director of the Peace Corps) (Authentication Officer, Peace Corps)

(3) The Authentication Officer is also hereby authorized to issue such statements, certificates, or other documents as may be required in connection with judicial proceedings or other official matters to show that, after diligent search of the Peace Corps' records, a requested record has not been found. (See Rule 44 (b), Federal Rules of Civil Procedure for the U.S. District Courts.)

§ 303.6 Public reading room.

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 as promptly as is reasonably possible under the particular circumstances involved.

(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 requester. 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 requester shall be so advised and shall be permitted to amend his request to provide any additional information that would make the record identifiable. The requester 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 section 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.

(g) The General Counsel shall 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 requester 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 requester 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 requester 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 requester involved to present additional information in support of his request for review. The Director will promptly consider each request for review and notify the requester involved, all writing, of his decision.

§ 303.8 Schedule of fees and method of payment for services rendered.

(a) The following specific fees will be applicable with respect to services rendered to requesters under this part:

(1) Searches of more than 10 minutes for records; minimum charge, per hour or fraction thereof_.

utes-minimum charge, per hour or fraction thereof..

(2) Other facilitative services and index assistance of more than 10 min

$3.50

3. 50

.40

.75

.75

(1)

(3) Copies made by photostat or otherwise (per page). (4) Certification of each record as a true copy-

(5) For each certified statement of failure to locate record_. (6) For each signed statement of nonavailability of record_

1 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.

32 F.R. 9654
July 4, 1967

22 CFR 303.1

DEPARTMENT OF THE TREASURY

§ 1.4 Records made available.

(a) Records covered. Within the meaning of the foregoing definitions, the following records of the Treasury Department covered by the regulations in this part, unless determined to be exempt from disclosure under the provisions of 5 U.S.C. 552 and the regulations in this part, will be made available, upon request, in accordance with the procedures provided in the regulations in this

part: (1) Opinions and orders, (2) statements of policy and interpretations, (3) administrative staff manuals and instructions to staff, and (4) identifiable records.

(b) Determination of availability. The determination of which records are available under this section will be made by the head of the bureau or office, or his delegate, to which the record belongs, subject to the appeal provided in § 1.7. If a record is of concern to another Federal agency or body whose interest in the record is paramount, the request shall be referred to that other agency or body for determination; the person requesting the record shall be advised of the referral, and the record shall be made available or not in accordance with that determination.

(c) Means of access. (1) The matters covered by paragraph (a)(1), (2), and (3) of this section, which are issued, adopted, or promulgated on or after July 4, 1967, will be made available during office hours in the public reading room of the Treasury Department, 15th Street and Pennsylvania Avenue N.W., Washington, D.C. 20220, or in such other reading room as the Assistant Secretary for Administration or the head of the appropriate bureau or office, or his delegate, may designate. Such matters issued, adopted or promulgated prior to July 4, 1967, are shelved and indexed and are available in the designated public reading room to the extent feasible. If not so shelved and indexed, they may be requested as identifiable records and shall be subject to the same fees as for identifiable records.

(2) Identifiable records covered by paragraph (a) (4) of this section will be made available upon request in writing to the Assistant Secretary for Administration or to the head of the appropriate bureau or office. A person appearing in the public reading room to request an identifiable record may complete a request for record form, to be sent to the appropriate bureau or office, or he may be directed to the appropriate bureau or office. Time will be required to obtain a record not at hand. The person requesting a record will be informed as promptly as possible of the time required to obtain it and the approximate cost of making the record available. The person requesting the record will be required to make arrangements for payment of the estimated cost prior to the search for the record.

(d) Provisions of copies. Copies of records made available in the public reading room under paragraph (c) of this section may be made in that room through photocopy or similar process on payment of the fees therefor set forth in § 1.6. Copies made available by mail in response to written request therefor, or to a requester appearing personally, will be subject to the same charge.

(e) Deletion of identifying details. Before any records are made available under paragraph (a)(1), (2), or (3) of this section any identifying details the disclosure of which would be clearly unwarranted invasion of personal privacy will be deleted by the appropriate official and justification therefor will be made in writing.

(f) Deletion of matters exempt. To the extent that a bureau or office of the Department may find it feasible and consistent with the purposes of 5 U.S.C. 552, records that would be made available under paragraph (a) (1), (2), or (3) of this section, if not for the application of § 1.5, nevertheless may be made available after deletion of those matters outlined in § 1.5 that the bureau or office determines need be held exempt.

(g) Indexes. Indexes will be periodically prepared and made available in the public reading room and such other places as the Secretary of the Treasury or his delegate may designate, with respect to the records having precedential significance to be made available under paragraph (a)(1), (2), and (3) of this section, relating to matters which are issued, adopted or promulgated on or after July 4, 1967.

§ 1.5 Records exempt from disclosure.

(a) As determined by the head of the bureau or office of the Department to which the record belongs, or his delegate, subject to the appeal provided in § 1.7, the following classes of records covered by the regulations in this part are exempt from disclosure:

(1) Matters that are specifically required by Executive order to be kept secret in the interest of the national defense or foreign policy, including specifically Executive Order 10501, as amended;

(2) Matters related solely to the internal personnel rules and practices of an agency, including instructions, manuals, and other records, or parts thereof,

which set forth operating rules, guidelines, procedures or other criteria for Treasury employees in audits, examinations, inspections, investigations, and negotiations, or in the selection or handling of cases, such as operational tactics, allowable tolerances or criteria for defense, prosecution, or settlement of cases; (3) Matters specifically exempted from disclosure by statute; see, for example, 18 U.S.C. 1905 and 26 U.S.C. 6103 and 7213;

(4) Trade secrets and commercial or financial information obtained from a person and privileged or confidential. This exemption protects records which would not customarily be made public by the person from whom it was obtained by the Department. It includes, but is not limited to, business sales statistics, inventories, customer lists, scientific or manufacturing processes or developments; information customarily subject to protection as privileged in a court or other proceeding, such as information protected by the doctor-patient, lawyerclient, or lender-borrower privilege; information submitted by any person to the Department in confidence or where the Department has obligated itself not to disclose information it received; formulae, designs, drawings, research data and other records developed by or for the Government which are significant as items of valuable property;

(5) Interagency or intraagency memorandums or letters which would not be available by law to a party (other than an agency) in litigation with the agency, such as, internal drafts, memoranda between officials or agencies, opinions and interpretations prepared by Government employees for the use of the Department, and records of the deliberations of the Department or staff groups which would not routinely be disclosed to a private party through the discovery process in litigation with the Department. This exemption is also designed to protect from premature disclosure Government plans, such as those undergoing development and those final plans which cannot be made available in advance of their effectuation without harm to the authorized and appropriate purpose for which they are being used;

(6) Personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. In addition to exempting all personnel and medical files, this exemption protects all private or personal information contained in other files, which, if disclosed to the public, would amount to a clearly unwarranted invasion of the privacy of any person, including a Government employee;

(7) Investigatory files compiled for law enforcement purposes except to the extent available by law to a party other than an agency. This exemption protects from disclosure, except to litigants in accordance with law, investigatory files compiled to enforce all kinds of laws and is not limited to files compiled to enforce criminal statutes;

(8) Matters contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions, and

(9) Geological and geophysical information and data, including maps, concerning wells.

(b) A record which may be classified as exempt pursuant to paragraph (a) of this section nevertheless may be made available, in whole or in part, if it is determined in a particular case that there is no need to rely on the exemption. § 1.6 Fees for services.

Fees for services performed by the Treasury Department will be imposed and collected as set forth in this section.

(a) As to all records made available pursuant to § 1.4(a), the following fees will be imposed and collected:

(i) For furnishing facsimile copies of records by photocopy or similar process:

Size

Up to 81⁄2" X 14".

Each page

(one side) cents, each

10

(ii) For certifications and validations of a record, with Treasury seal $2, without Treasury seal $1.

(iii) For certifications of any determination concerning records made under this part, with Treasury seal $2, without Treasury seal $1. This fee will not be imposed or collected for a written determination, not certified, concerning records.

97-631-68- -3

(iv) For making available a record by mail an appropriate fee to cover the cost of postage and any packaging or special handling.

(b) (1) As to records requested pursuant to § 1.4 (a) (4), a fee of $3.50 an hour will be imposed and collected to defray the costs of searching for the requested records and to defray the other direct or indirect costs incurred by the Treasury Department in attempting to make the records available. The fee will be computed as follows: (i) A minimum fee of $2 will be charged for searches up to one-half hour; (ii) for searches requiring more than one-half hour and not in excess of 1 hour, the full hourly rate of $3.50 will apply; (iii) for searches in excess of 1 hour, the charge will be made in one-quarter hour units at the rate of $1 per one-quarter hour. However, where full hours are required, the hourly rate of $3.50 will apply.

(2) The fee will be imposed and collected if the requested record is made available or after a reasonable search it is determined that the requested identifiable record does not in fact exist and that it never existed. The fee will not be imposed if it is determined that: The requested identifiable record did in fact exist but that after a reasonable search it cannot be located; the record was destroyed pursuant to law; or the record is exempt from disclosure pursuant to § 1.5 and should not be made available.

(c) Should services other than those described in paragraphs (a) and (b) of this section be requested and authorized to be rendered, appropriate fees will be established by the Director of the Office of Administrative Services or his delegate pursuant to 5 U.S.C. 140 (1964 ed.) and such fees shall be imposed and collected. (d) No charge will be made for services performed at the request of other governmental agencies or officers thereof acting in their official capacities. § 1.7 Appeal.

(a) Any person denied access to records requested under § 1.4 may, within 30 days after notification of such denial, file an appeal to the Under Secretary, General Counsel, or Assistant Secretary who has supervision of the bureau or office to which the record belongs, as set forth in Treasury Department Order No. 190 (revision 4), published 30 F.R. 15769, December 21, 1965, or such subsequent revision of that order as may hereinafter be published. Such an appeal shall be in writing addressed to the appropriate official, Treasury Department, Washington, D.C. 20220. The appeal shall provide the name and address of the appellant, the identification of the record denied, and the dates of the original request and its denial.

(b) The appeal will be promptly considered. The granting or denial of the request upon appeal shall constitute final agency action.

§ 1.8 Records not to be otherwise withdrawn or disclosed.

Except in accordance with this part, or as otherwise authorized, Treasury Department officers and employees are prohibited from making available to any person, not an officer or employee of the Department, and are prohibited from withdrawing from the files, possession or control of the Department, records or duplicates thereof.

§ 1.9 Oral information.

(a) Officers and employees of the Department may, in response to requests, provide orally information contained in records of the Department which are determined to be available to the public. If the obtaining of such information requires search of the records, a written request and the payment of the fee for record search set forth in § 1.6 will be required.

(b) Information with respect to activities of the Department not a matter of record shall not be discussed if the information involves matters exempt from disclosure under 5 U.S.C. 552 or the regulations in this part, or if the disclosure of such information would give the person requesting the information advantages not accorded to other citizens. 31 CFR 0.735-47.

§ 1.10 Testimony or the production of records in a court or other proceeding. (a) Treasury Department officers and employees are prohibited from testifying or otherwise furnishing information obtained as a result of their official capacities or in connection with the transaction of public business, in compliance with a subpoena or other order or demand of any court or other authority without the prior approval of an officer authorized to determine the availability of records under these regulations.