[Federal Register Volume 68, Number 227 (Tuesday, November 25, 2003)]
[Rules and Regulations]
[Pages 66006-66014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29409]


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PEACE CORPS

22 CFR Part 303


Procedures for Disclosure of Information Under the Freedom of 
Information Act

AGENCY: Peace Corps.

ACTION: Final rule.

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SUMMARY: The Peace Corps is revising its regulations on the Freedom of 
Information Act (FOIA) to implement the 1996 amendments to the FOIA 
regarding electronic records, time limits, and standards for processing 
requests for records. In addition, the revisions incorporate procedures 
for Office of Inspector General (OIG) records. Provisions are also 
added describing the availability of Peace Corps records in the Federal 
Register and the agency's electronic reading room. Finally, provisions 
are added that set out procedures for responding to a subpoena.

DATES: This rule will be effective December 26, 2003.

FOR FURTHER INFORMATION CONTACT: Suzanne B. Glasow, Associate General 
Counsel, 202-692-2150.

SUPPLEMENTARY INFORMATION: Background. On July 2, 2003, the Peace Corps 
published a proposed FOIA rule for public comment. See 68 FR 39490 
(July 2, 2003). The Agency received no comments. The Peace Corps now 
publishes the rule as final. This rule substantially revises the Peace 
Corps' FOIA regulation to implement the 1996 amendments to the FOIA 
regarding electronic records, time limits, and standards for processing 
requests for records. See ``Electronic Freedom of Information Act 
Amendments of 1996.'' Pub. L. 104-231. It also adds procedures for OIG 
records and describes the availability of Peace Corps records in the 
Federal Register and the agency's public reading room. Finally, 
provisions are added that set out procedures for responding to a 
subpoena. This rule is based on guidances issued by the Department of 
Justice's (DOJ) Office of Information and Privacy and DOJ's FOIA rule. 
A section-by-section analysis follows.

Section-by-Section Analysis

Section 303.1 Purpose

    The purpose of this part is to provide rules and procedures for 
making Peace Corps records, including electronic records, available to 
the public under the Freedom of Information Act, 5 U.S.C. 552. The 
language of this section is revised to reflect the broader scope of the 
rule, which now includes provisions on electronic records and the 
availability of Peace Corps records in the Federal Register and the 
agency's electronic reading room.

Section 303.2 Definitions

    This section is revised by deleting outdated definitions and by 
including definitions located elsewhere in the current rule. The 
definitions of the terms related to the charging of fees are based, as 
required under the FOIA, on an Office of Management and Budget (OMB) 
guidance. See 52 FR 10012 (March 27, 1987) and 53 FR 6151-6154 (March 
1, 1988).

Section 303.3 Policy

    This new section sets out the policy of the Peace Corps regarding 
its compliance with the FOIA.

Section 303.4 Records Published in the Federal Register

    This new section describes the Peace Corps' process for complying 
with Sec. 552(a)(1) of FOIA, which requires each agency to currently 
publish in the Federal Register for the guidance of the public a range 
of basic information regarding its structure and operations, including 
information on the agency's organization, function, procedural and 
substantive rules, and general statements of policy. The Peace Corps 
complies with this requirement by annually publishing such information 
in the United States Government Manual, a special publication of the 
Federal Register.

Section 303.5 Public Reading Room

    This is a new section which sets out the process by which the Peace 
Corps implements section 552(a)(2) of the FOIA which requires agencies 
to maintain a public reading room where certain Peace Corps records 
must be made available to the public for inspection and copying. 
Reading room records generally include final opinions and orders, 
statements of policy and interpretations adopted by the Peace Corps 
that are not published in the Federal Register and administrative staff 
manuals and instructions that affect the public. A new category of 
reading room records includes any record provided pursuant to a public 
request for records that is determined by the Peace Corps to be subject 
to multiple subsequent requests (``subsequent request record''). For 
example, the Federal Bureau of Investigation has identified its records 
on Elvis Presley, Marilyn Monroe, Elliot Ness, Jackie Robinson and Will 
Rodgers as subsequent request records.
    The use of the term ``will be made available'' in paragraph (b) is 
intended to clarify that certain public reading room records will 
normally be maintained in the public reading room, while others will 
normally be kept in close proximity elsewhere in Peace Corps 
headquarters. In response to a request, any records kept in close 
proximity will be made available for inspection and copying in the 
public reading room.
    Paragraph (c) describes the protections from public disclosure that 
may apply to certain reading room records and the process the Peace 
Corps will use to edit or delete protected information.
    Paragraph (d) provides that reading room records created by the 
Peace Corps after November 1, 1996, and an index of such records, will 
be made available electronically. The Peace Corps is in the process of 
identifying such records and coverting them to electronic form. As they 
are so identified and converted, they will be made available 
electronically in the public reading room.
    Paragraph (e) provides that the Peace Corps will make most of its 
electronic public reading room records available on its public Web 
site.

[[Page 66007]]

Section 303.6 Procedures for Use of Public Reading Room

    This section describes the process by which a member of the public 
may inspect and copy public reading room records. Persons interested in 
using the public reading room shall make arrangements with the FOIA 
Office ahead of time to facilitate their access to the requested 
information.

Section 303.7 Index of Records

    The FOIA requires the Peace Corps to maintain and make available an 
index of reading room records. This section clarifies that the index 
the Peace Corps maintains will be made available in the public reading 
room and on Peace Corps's Web site.

Section 303.8 Requests for Records

    The category of FOIA records that is most familiar to the public 
are records required to be made available by the Peace Corps upon 
request by a person, unless they are exempt from mandatory disclosure 
under any of the FOIA exemptions. Such records generally include 
information created, obtained and/or used by the Peace Corps in the 
performance of its statutory mission. This category of records does not 
include public reading room records or records published in the Federal 
Register.
    This section sets out the process by which the Peace Corps makes 
such records available. For example, it sets out the time limits 
imposed by the FOIA, establishes standards and a process for providing 
expedited treatment for requests and includes provisions on OIG 
records, in recognition of the establishment of an OIG at the Peace 
Corps. It also clarifies that the Peace Corps is not required to create 
a document or perform research to satisfy a request.

Section 303.9 Exemptions for Withholding Records

    This section delineates in paragraph (a) the exemptions that 
protect certain records from mandatory disclosure. All of the 
exemptions in this section are based on the FOIA, although not all FOIA 
exemptions are included in this rule, because certain exemptions are 
not currently and are unlikely to be applicable to the Peace Corps. 
Paragraph (b) explains the process by which the Peace Corps will redact 
protected information from information that must be made available to 
the requester. Under the 1996 amendments to the FOIA, the Peace Corps 
must indicate the amount and location of redacted material, if 
technically feasible, unless such action would harm the interest 
protected by the applicable exemption.
    This section also includes provisions that implement Executive 
Order 12600, which requires each agency to notify a person who has 
submitted records containing confidential business information to the 
Peace Corps when the agency receives a request for such records, and to 
provide the submitter an opportunity to object to disclosure.

Section 303.10 Responsibilities and Authorities

    This section identifies the officials within the Peace Corps 
authorized to grant or deny requests for records and to decide appeals. 
It also establishes a process for dealing with law enforcement and 
classified information and records received by the Peace Corps from 
other agencies.

Section 303.11 Denials

    This section describes what constitutes a denial of records and the 
process for denying a request for records.

Section 303.12 Appeals

    This section describes that process by which a person may appeal a 
denial. Appeals of denials made by the OIG are forwarded by the FOIA 
Officer to the OIG for processing.

Section 303.13 Fees

    This section describes the authority of the Peace Corps to charge 
or waive fees for its costs in responding to FOIA requests. It includes 
the standards established under FOIA for determining whether a 
requester qualifies for a fee-waiver and sets out a schedule of fees 
applicable to the various types of requesters. It also provides the 
Peace Corps with discretion to charge interest to requesters who fail 
to pay their fees and to aggregate requests when the Peace Corps 
reasonably believes a requestor or group of requesters is attempting to 
break a request into a series of requests for the purpose of evading 
the assessment of fees.

Section 303.14 Procedures for Responding to a Subpoena

    This section sets forth the procedures to be followed when a 
subpoena, order or other demand is issued in a proceeding in which the 
Peace Corps is not a party. Paragraph (a) of this section details the 
types of demands subject to these procedures. Paragraph (b) of this 
section explains that employees are not to disclose information without 
approval of the Office of the General Counsel, and it is the General 
Counsel or designee, together with consultation from other Agency 
officials, including the Agency's FOIA Officer, who makes all 
determinations with respect to demands discussed herein. Paragraph 
(c)(1) identifies generally two of the factors that should be 
considered in deciding whether to make disclosures. These are, however, 
only a couple of the considerations, as the factors relevant to a 
particular demand may vary widely with the nature of the demand. 
Paragraph (c)(2) specifically identifies certain circumstances in which 
disclosure will not be made by the Peace Corps. These standards, in 
essence, identify several widely acknowledged areas of privilege that 
are most relevant to Peace Corps. They are intended to be compatible 
with the exemptions from mandatory disclosure provided by the Freedom 
of Information Act, the Privacy Act, and other relevant guidelines.
    The OIG has independent subpoena authority under the IG Act of 
1978, as amended. The OIG will follow these procedures and they will be 
implemented by appropriate OIG staff.

Executive Order 12866

    This regulation has been determined to be non-significant within 
the meaning of Executive Order 12866.

Regulatory Flexibility Act

    The Peace Corps Director, in accordance with the Regulatory 
Flexibility Act, (5 U.S.C. 605), has reviewed this regulation and by 
approving it certifies that this regulation will not have a significant 
economic impact on a substantial number of small entities. Under the 
Freedom of Information Act, agencies may recover only the direct costs 
of searching for, reviewing, and duplicating the records processed for 
requesters. Thus, fees assessed by the Peace Corps are nominal. 
Further, the ``small entities'' that make FOIA requests, as compared 
with individual requesters and other requesters, are relatively few in 
number.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, and 
tribal governments, in the aggregate, or by the private sector, of 
$100,000,000, or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

List of Subjects in 22 CFR Part 303

    Freedom of Information.

[[Page 66008]]


0
For reasons set out in the preamble, the Peace Corps is revising part 
303 as follows:

PART 303--PROCEDURES FOR DISCLOSURE OF INFORMATION UNDER THE 
FREEDOM OF INFORMATION ACT

Sec.
303.1 Purpose.
303.2 Definitions.
303.3 Policy.
303.4 Records published in the Federal Register.
303.5 Public reading room.
303.6 Procedures for use of public reading room.
303.7 Index of records.
303.8 Requests for records.
303.9 Exemptions for withholding records.
303.10 Responsibilities and authorities.
303.11 Denials.
303.12 Appeals.
303.13 Fees.
303.14 Procedures for responding to a subpoena.

    Authority: 5 U.S.C. 552; 22 U.S.C. 2501, et. seq.; E.O. 12137, 
44 FR 29023, 3 CFR, 1979 Comp., p. 389; E.O. 12600, 52 FR 23781, 3 
CFR, 1987 Comp., p. 235.

Sec.  303.1  Purpose.

    This part sets out the rules and procedures the Peace Corps follows 
in making records available to the public under the Freedom of 
Information Act (FOIA).


Sec.  303.2  Definitions.

    As used in this part--
    (a) Commercial use request means a request from or on behalf of one 
who seeks information for a use or purpose that furthers the 
commercial, trade, or profit interests of the requester or the person 
on whose behalf the request is made. In determining whether a requester 
has made a commercial use request, the Peace Corps will look to the use 
to which a requester will put the documents requested. When the Peace 
Corps has reasonable cause to doubt the requester's stated use of the 
records sought, or where the use is not clear from the request itself, 
it will seek additional clarification before assigning the request to a 
category.
    (b) Duplication means the process of making a copy of a record 
requested pursuant to this part. Such copies can take the form of paper 
copy, microform, audio-visual materials, or machine readable electronic 
documents, among others.
    (c) Educational institution means a preschool, a public or private 
elementary or secondary school, an institution of undergraduate or 
graduate higher education, or an institution of professional or 
vocational education which operates a program or programs of scholarly 
research.
    (d) Non-commercial scientific institution means an institution that 
is not operated on a ``commercial'' basis and which is operated solely 
for the purpose of conducting scientific research, the results of which 
are not intended to promote any particular product or industry.
    (e) OIG records means those records as defined generally in this 
section which originated with or are in the possession and control of 
the Office of Inspector General (OIG) of the Peace Corps which have 
been compiled for law enforcement, audit, and investigative functions 
and/or any other purpose authorized under the IG Act of 1978, as 
amended.
    (f) Records means books, papers, maps, photographs, or other 
documentary materials, regardless of whether the format is physical or 
electronic, made or received by the Peace Corps in connection with the 
transaction of Peace Corps' business and preserved by the Peace Corps 
as evidence of the organization, functions, policies, decisions, 
procedures, operations, or other activities of the Peace Corps, or 
because of the informational value of data in them. The term does not 
include, inter alia, books, magazines, or other materials acquired 
solely for library purpose, or that are otherwise publicly available.
    (g) Representative of the news media means any person actively 
gathering news for an entity that is organized and operated to publish 
or broadcast news to the public. The term ``news'' means information 
that is about current events or that would be of current interest to 
the public. Examples of news media entities include television or radio 
stations broadcasting to the public at large and publishers of 
periodicals (but only in those instances when they can qualify as 
disseminators of ``news'') who make their products available for 
purchase or subscription by the general public. These examples are not 
intended to be all-inclusive. Moreover, as traditional methods of news 
delivery evolve (e.g., electronic dissemination of newspapers through 
telecommunications services), such alternative media would be included 
in this category. In the case of ``freelance'' journalists, they will 
be regarded as working for a news organization if they can demonstrate 
a solid basis for expecting publication through that organization, even 
though not actually employed by it.
    (h) Review means the process of examining a document located in 
response to a request to determine whether any portion of such document 
is exempt from disclosure. It also includes processing any such 
document for disclosure. Review does not include time spent resolving 
general legal or policy issues regarding the application of exemptions.
    (i) Search means the process of looking for and retrieving records 
that are responsive to a request for records. It includes page-by-page 
or line-by-line identification of material within documents and also 
includes reasonable efforts to locate and retrieve information from 
records maintained in electronic form or format. Searches may be 
conducted manually or by automated means and will be conducted in the 
most efficient and least expensive manner. If the Agency cannot 
identify the requested records after a 2 hour search, it can determine 
that the records were not adequately described and ask the requester to 
provide a more specific request.


Sec.  303.3  Policy.

    The Peace Corps will make its records concerning its operations, 
activities, and business available to the public consistent with the 
requirements of the FOIA. Records exempt from disclosure under the FOIA 
may be made available at the discretion of the Peace Corps.


Sec.  303.4  Records published in the Federal Register.

    The Peace Corps publishes its notices and substantive regulations 
in the Federal Register. It also publishes information on its basic 
structure and operations necessary to inform the public how to deal 
effectively with the Peace Corps in the United States Government 
Manual, a special publication of the Federal Register. The Peace Corps 
will make reasonable efforts to currently update such information, 
which includes information on Peace Corps' location and functions, and 
how the public may obtain information or forms, or make submittals or 
requests. The Peace Corps' published regulations are at 22 CFR Chapter 
III.


Sec.  303.5  Public reading room.

    (a) The Peace Corps will maintain a public reading room at its 
headquarters at 1111 20th Street, NW., Washington, DC 20526. This room 
will be supervised and will be open to the public during Peace Corps' 
regular business hours for inspecting and copying records described in 
paragraph (b) of this section.
    (b) Subject to the limitation stated in paragraph (c) of this 
section, the

[[Page 66009]]

following records will be made available in the public reading room:
    (1) All final public opinions, including concurring and dissenting 
opinions, and orders issued in the adjudication of cases that involve 
the Peace Corps;
    (2) Statements of policy and interpretations adopted by the Peace 
Corps that are not published in the Federal Register;
    (3) Administrative staff manuals and instructions to the staff that 
affect the public;
    (4) Copies of records, regardless of form or format, released to 
any person in response to a public request for records which the Peace 
Corps determines are likely to become subject to subsequent requests 
for substantially the same records, and a general index of such 
records;
    (5) The index required by Sec.  303.7; and
    (6) Other records the Peace Corps has determined are of general 
interest to members of the public in understanding activities of the 
Peace Corps or in dealing with the Peace Corps in connection with those 
activities.
    (c) Certain records otherwise required by FOIA to be available in 
the public reading room may be exempt from mandatory disclosure 
pursuant to Sec.  552(b) of the FOIA. Such record will not be made 
available in the public reading room. Other records maintained in the 
public reading room may be edited by the deletion of identifying 
details concerning individuals to prevent a clearly unwarranted 
invasion of personal privacy. In such cases, the record shall have 
attached to it an explanation of the deletion. The extent of the 
deletion shall be indicated, unless doing so would harm an interest 
protected by the exemption under which the deletion is made. It 
technically feasible, the extent of the deletion shall be indicated at 
the place in the record where the deletion was made.
    (d) Electronic reading room. Records required by the FOIA to be 
maintain and made available in the public reading room created by the 
Peace Corps on or after November 1, 1996, shall be made available 
electronically.
    (e) Most electronic public reading room records will also be made 
available to the public on the Peace Corps Web site at http://www.peacecorps.gov.


Sec.  303.6  Procedures for use of public reading room.

    Any member of the public may inspect or copy records described in 
Sec.  303.5(b) in the public reading room during regular business 
hours. Because it will sometimes be impossible to produce records or 
copies of records on short notice, a person who wishes to inspect or 
copy records shall arrange a time in advance, by telephone or letter 
request made to the Peace Corps FOIA Officer. Persons submitting 
request by telephone will be notified whether a written request would 
be advisable to aid in the identification and expeditious processing or 
the records sought. Written request should identify the records sought 
in the manner described in Sec.  303.8(b) and should request a specific 
date for inspecting the records. The requester will be advised as 
promptly as possible if, for any reason, it may not be possible to make 
the records sought available on the date requested.


Sec.  303.7  Index of records.

    The Peace Corps will maintain a current index identifying any 
matter within the scope of Sec.  303.4 or Sec.  303.5(b)(1) through 
(5). The index will be maintained and made available for public 
inspection and copying at the Peace Corps' headquarters in Washington, 
DC. The cost of a copy of the index will not exceed the standard charge 
for duplication set out in Sec.  303.13(e). The Peace Corps will also 
make the index available on its public Web site.


Sec.  303.8  Requests for records.

    (a) Except for records required by the FOIA to be published in the 
Federal Register or to be made available in the public reading room, 
Peace Corps records will be made promptly available, upon request, to 
any person in accordance with this section, unless it is determined 
that such records should be withheld and are exempt form mandatory 
disclosure under the FOIA.
    (b) Requests. Requests for records under this section shall be made 
in writing, shall include the signature of the requester, and the 
envelope and the letter shall be clearly marked ``Freedom of 
Information Request.'' No e-mail requests will be accepted. All such 
requested shall be addressed to the FOIA Officer. Requests by letter 
shall use the address given in Sec.  303.5(a). Any request not marked 
and addressed as specified in this paragraph will be so marked by Peace 
Corps personnel as soon as it is properly identified, and will be 
forwarded immediately to the FOIA Officer. A request improperly 
addressed will not be deemed to have been received for purposes of the 
time period set out in paragraph (h) of this section until it has been 
received by the FOIA Officer. Upon receipt of an improperly addressed 
request, the FOIA Officer shall notify the requester of the date on 
which the time period began. The request shall be stamped ``received'' 
on the date it is received by the FOIA Office.
    (c) A request must reasonably describe the records requested so 
that employees of the Peace Corps who are familiar with the subject 
area of the request are able, with a reasonable amount of effort, to 
determine which particular records are within the scope of the request. 
If it is determined that a request does not reasonably describe the 
records sought, the requester shall be so informed and provided an 
opportunity to confer with Peace Corps personnel in order to attempt to 
reformulate the request in a manner that will meet the needs of the 
requester and the requirements of this paragraph. If the Agency cannot 
identify the requested records after a 2 hour search, it can determine 
that the records were not adequately described and ask the requester to 
provide a more specific request.
    (d) To facilitate the location of records by the Peace Corps, a 
requester should try to provide the following kinds of information, if 
known;
    (1) The specific event or action to which the record refers;
    (2) The unit or program of the Peace Corps which may be responsible 
for or may have produced the record;
    (3) The date of the record or the date or period to which it refers 
or relates;
    (4) The type of record, such as an application, a particular form, 
a contract, or a report;
    (5) Personnel of the Peace Corps who may have prepared or have 
knowledge of the record; or
    (6) Citations to newspapers or publications which have referred to 
the record.
    (e) The Peace Corps is not required to create a record or to 
perform research to satisfy a request.
    (f) Any request for a waiver or reduction of fees should be 
included in the FOIA request, and any such request should indicate the 
grounds for a waiver or reduction of fees, as set out in Sec.  
303.13(f). The Peace Corps shall respond to such request as promptly as 
possible.
    (g) Format. The Peace Corps will provide records in the form or 
format indicated by the requester to the extent such records are 
readily reproducible in the requested form or format.
    (h) Initial response/delays. (1) The FOIA Officer, upon request for 
any records made in accordance with this section, except in the case of 
a request for OIG records, shall make an initial determination of 
whether to comply

[[Page 66010]]

with or deny such request and dispatch such determination to the 
requester within 20 business days after receipt of such request, except 
for unusual circumstances, in which case the time limit may be extended 
for up to 10 business days by written notice to the requester setting 
forth the reasons for such extension and the date on which a 
determination is expected to be dispatched.
    (2) If the FOIA Officer determines that a request or portion 
thereof is for OIG records, the FOIA Officer shall promptly refer the 
request or portion thereof to the OIG and send notice of such referral 
to the requester. In such case, the OIG FOIA Officer shall make an 
initial determination of whether to comply with or deny such request 
and dispatch such determination to the requester within 20 business 
days after receipt of such request, except for unusual circumstances, 
in which case the time limit may be extended for up to 10 business days 
by written notice to the requester setting forth the reasons for such 
extension and the date on which a determination is expected to be 
dispatched. If for any reason, a request for Agency information goes 
directly to the OIG rather than through the FOIA Officer, the OIG shall 
provide notice to the FOIA Officer of its receipt of the request. The 
FOIA Office and the OIG should normally consult with each other 
whenever they receive requests for the same or similar records.
    (3) Unusual circumstances. As used in this part, ``unusual 
circumstances'' are limited to the following, but only to the extent 
reasonably necessary for the proper processing of the particular 
request:
    (i) The need to search for and collect the requested records from 
components or locations that are separate from the office processing 
the request;
    (ii) The need to search for, collect, and appropriately examine a 
voluminous amount of separate and distinct records which are demanded 
in a single request; or
    (iii) The need for consultation, which shall be conducted with all 
practicable speed, with another agency or organization having a 
substantial interest in the determination of the request or among two 
or more components of the Peace Corps having a substantial subject 
matter interest therin.
    (i) If a request is particularly broad or complex so that it cannot 
be completed within the time periods stated in paragraph (h) of this 
section, the Peace Corps may ask the requester to narrow the request or 
agree to an additional delay.
    (j) When no determination can be dispatched within the applicable 
time limit, the FOIA Officer or the OIG FOIA Officer shall inform the 
requester of the reason for the delay, the date on which a 
determination may be expected to be dispatched, and the requester's 
right to treat the delay as a denial and to appeal to the Associate 
Director for the Office of Management or the Inspector General, in 
accordance with Sec.  303.12. If no determination has been dispatched 
by the end of the 20-day period, or the last extension thereof, the 
requester may deem the request denied, and exercise a right of appeal 
in accordance with Sec.  303.12. The FOIA Officer or the OIG FOIA 
Officer may ask the requester to forego an appeal until a determination 
is made.
    (k) After it has been determined that a request will be granted, 
the responsible official will act with due diligence in providing a 
prompt response.
    (l) Expedited treatment. (1) Requests and appeals will be taken out 
of order and given expedited treatment whenever the requester 
demonstrates a compelling need. A compelling need means:
    (i) Circumstances in which the lack of expedited treatment could 
reasonably be expected to pose an imminent threat to the life or 
physical safety of an individual;
    (ii) An urgency to inform the public about an actual or alleged 
Peace Corps or Federal government activity and the request is made by a 
person primarily engaged in disseminating information;
    (iii) The loss of substantial due process rights; or
    (iv) a matter of widespread and exceptional media interest in which 
there exist possible questions about the Peace Corps' or the Federal 
government's integrity which affect public confidence.
    (2) A request for expedited processing may be made at the time of 
the initial request for records or at any later time. For a prompt 
determination, a request for expedited processing must be properly 
addressed and marked and received by the Peace Corps pursuant to 
paragraph (b) of this section.
    (3) A requester who seeks expedited processing must submit a 
statement demonstrating a compelling need that is certified by the 
requester to be true and correct to the best of that person's knowledge 
and belief, explaining in detail the basis for requesting expedited 
processing.
    (4) Within ten business days of its receipt of a request for 
expedited processing, the FOIA Officer or the OIG FOIA Officer shall 
decide whether to grant the request and shall notify the requester of 
the decision. If a request for expedited treatment is granted, the 
request shall be given priority and shall be processed as soon as 
practicable. If a request for expedited processing is denied, any 
appeal of that decision shall be acted on expeditiously by the Peace 
Corps.
    (5) Appeals shall be made to the Associate Director for the Office 
of Management, who shall respond within 10 business days of receipt of 
the appeal.


Sec.  303.9  Exemptions for withholding records.

    (a) The Peace Corps may withhold a requested record from public 
disclosure only if the record fits within one or more of the following 
FOIA exemptions:
    (1) Matter specifically authorized under criteria established by an 
Executive Order to be kept secret in the interest of national defense 
or foreign policy and is in fact properly classified pursuant to such 
Executive Order;
    (2) Matter which is related solely to the internal personnel rules 
and practices of the Peace Corps;
    (3) Matter which is specifically exempted from disclosure by 
statute (other than exemptions under FOIA at 5 U.S.C. 552(b)), provided 
that such statute requires that the matter be withheld from the public 
in such a manner as to leave no discretion on the issue, or establishes 
particular criteria for withholding, or refers to particular types of 
matters to be withheld;
    (4) Trade secrets and commercial or financial information obtained 
from a person and privileged or confidential;
    (5) Inter-agency or intra-agency memoranda or letters which would 
not be available by law to a party other than an agency in litigation 
with the Peace Corps;
    (6) Personnel and medical files and similar files, the disclosure 
of which would constitute a clearly unwarranted invasion of personal 
privacy;
    (7) Records or information compiled for law enforcement purposes 
including enforcing the Peace Corps Act or any other law, but only to 
the extent that the production of such law enforcement records or 
information:
    (i) Could reasonably be expected to interfere with enforcement 
proceedings;
    (ii) Would deprive a person or a recipient of a right to a fair 
trial or an impartial adjudication;
    (iii) Could reasonably be expected to constitute an unwarranted 
invasion of personal privacy;
    (iv) Could reasonably be expected to disclose the identity of a 
confidential source, including a State, local, or

[[Page 66011]]

foreign agency or authority or any private institution which furnished 
information on a confidential basis; and, in the case of a record or 
information compiled by a criminal law enforcement authority in the 
course of a criminal investigation, information furnished by a 
confidential source;
    (v) Would disclose techniques and procedures for law enforcement 
investigations or prosecutions, or would disclose guidelines for law 
enforcement investigations or prosecutions if such disclosure could 
reasonably be expected to risk circumvention of the law; or
    (vi) Could reasonably be expected to endanger the life or physical 
safety of any individual.
    (b) In the event that one or more of the above exemptions in 
paragraph (a) of this section apply, any reasonably segregable portion 
of a record shall be provided to the requester after deletion of the 
portions that are exempt. The amount of information deleted shall be 
indicated on the released portion of the record, unless doing so would 
harm the interest protected by the exemption under which the deletion 
is made. If technically feasible, the amount of information deleted 
shall be indicated at the place in the record where the deletion is 
made. At the discretion of the Peace Corps officials authorized to 
grant or deny a request for records, it may be possible to provide a 
requester with:
    (1) A summary of information in the exempt portion of a record; or
    (2) An oral description of the exempt portion of a record.
    (c) No requester shall have a right to insist that any or all of 
the techniques in paragraph (b) of this section should be employed in 
order to satisfy a request.
    (d) Records that may be exempt from disclosure pursuant to 
paragraph (a) of this section may be made available at the discretion 
of the Peace Corps.
    (e) Proprietary information. (1) It is the policy of the Peace 
Corps to withhold proprietary information that falls within the 
protection of paragraph (a)(4) of this section. Proprietary information 
includes trade secrets, or commercial or financial information obtained 
from a person, the disclosure of which could reasonably be expected to 
cause substantial competitive harm.
    (2) It is also the policy of the Peace Corps to give submitters of 
arguably proprietary information an adequate opportunity to provide 
information to the Peace Corps to establish that the information 
constitutes protected proprietary information.
    (3) A person submitting arguably proprietary information to the 
Peace Corps will be notified in writing by the Peace Corps if there is 
a FOIA request for the information, unless:
    (i) The Peace Corps has already decided that the information should 
be withheld;
    (ii) The information has been lawfully published or has been 
officially made available to the public; or
    (iii) Disclosure of the information is required by law.
    (4) The notice shall afford the submitter at least ten business 
days in which to object to the disclosure of any requested information. 
Whenever the Peace Corps provides such notice to the submitter, it 
shall also notify the requester that notice and an opportunity to 
comment are being provided to the submitter.
    (5) A submitter's request for protection for information under 
paragraph (a)(4) of this section shall:
    (i) Specifically identify the exact material claimed to be 
confidential proprietary information;
    (ii) State whether the information identified has ever been 
released to a person who is not in a confidential relationship with the 
submitter;
    (iii) State the basis for the submitter's belief that the 
information is not commonly known or readily ascertainable by outside 
persons; and
    (vi) State how release of the information would cause harm to the 
submitter's competitive position.
    (6) The Peace Corps shall consider the submitter's objections and 
specific grounds for non-disclosure when deciding whether to disclose 
the information. If the Peace Corps decides to disclose the 
information, it shall, to the extent permitted by law, provide the 
submitter at least ten business days notice of its decision before the 
information is disclosed and a statement of its reasons for not 
sustaining the objection to disclosure. Whenever the Peace Corps 
notifies the submitter of its final decision, it shall also notify the 
requester.
    (7) Whenever a FOIA requester brings suit seeking to compel 
disclosure of proprietary information, the Peace Corps shall promptly 
notify the submitter.


Sec.  303.10  Responsibilities and authorities.

    (a) Legal counsel. The General Counsel shall furnish legal advice 
to Peace Corps officials and staff as to their obligations under this 
part and shall take such other actions as may be necessary or 
appropriate to assure a consistent and equitable application of the 
provisions of this part by and within the Peace Corps.
    (b) Authority to grant or deny requests. The FOIA Officer is 
authorized to grant or deny requests for records, except for OIG 
records, under this part. The OIG FOIA Officer is authorized to grant 
or deny requests for OIG records under this part. The FOIA Officer and 
the OIG FOIA Officer shall consult with each other when a request 
includes both Peace Corps and OIG records in order to ensure 
consistency and lack of duplication in processing the request.
    (c)(1) Records received from other agencies. When the Peace Corps 
receives a request for a record in its possession that it has received 
from another agency, it shall determine whether the other agency is 
better qualified to decide whether the record is exempt from disclosure 
and, if so, whether it should be disclosed as a matter of discretion. 
If the Peace Corps determines it is better qualified to process the 
record in response to the request, then it shall do so. If the Peace 
Corps determines it is not better qualified to process the request, it 
shall either:
    (i) Consult with the other agency before responding to the request; 
or
    (ii) Refer the responsibility for responding to the request for the 
record to the other agency (but only if the agency is subject to FOIA). 
Ordinarily, the agency that originated a record will be presumed to be 
best able to determine whether to disclose it.
    (2) Law enforcement and classified information. Notwithstanding 
paragraph (c)(1) of this section:
    (i) Whenever the Peace Corps receives a request for a record 
containing information that relates to an investigation of a possible 
violation of law that was originated by another agency, the Peace Corps 
will either consult with the other agency before responding or refer 
the responsibility for responding to the request to the other agency; 
and
    (ii) Whenever a request is made for a record containing information 
that has been classified by another agency or may be appropriate for 
classification under Executive Order 12958 or any other executive order 
concerning the classification of records, the Peace Corps shall refer 
the responsibility for responding to the request regarding that 
information to the agency that classified the information, should 
consider the information for classification, or has the primary 
interest in the information, as appropriate.
    (3) Notice of referral. Whenever the Peace Corps refers all or any 
part of the responsibility for responding to a request to another 
agency, it ordinarily shall notify the requester of the referral and 
inform the requester of the name of the agency to which the request has

[[Page 66012]]

been referred and the part of the request that has been referred.
    (4) Effect of consultations and referrals on timing of response. 
All consultations and referrals will be handled according to the date 
the FOIA request was initially received by the Peace Corps.
    (5) Agreements with other agencies. The Peace Corps may make 
agreements with other agencies to eliminate the need for consultations 
or referrals for particular types of records.


Sec.  303.11  Denials.

    (a) A denial of a written request for a record that complies with 
the requirements of Sec.  303.8 shall be in writing and shall include, 
as applicable:
    (1) A reference to the applicable exemption or exemptions in Sec.  
303.9(a) upon which the denial is based;
    (2) An explanation of how the exemption applies to the requested 
records;
    (3) A statement explaining why it is deemed unreasonable to provide 
segregable portions of the record after deleting the exempt portions;
    (4) An estimate of the volume of requested matter denied unless 
providing such estimate would harm the interest protected by the 
exemption under which the denial is made, if other than the FOIA 
Officer;
    (5) The name and title of the person or persons responsible for 
denying the request, if other than the FOIA Officer; and
    (6) An explanation of the right to appeal the denial and the 
procedures for submitting an appeal, including the address of the 
official to whom appeals should be submitted.
    (b) A partial deletion of a record made available to a requester 
shall be deemed a denial of a record for purposes of paragraph (a) of 
this section. All denials shall be treated as final opinions under 
Sec.  303.5(b).


Sec.  303.12  Appeals.

    (a) Any person whose written request has been denied is entitled to 
appeal the denial within 20 business days by writing to the Associate 
Director of the Office of Management or, in the case of a denial of a 
request for OIG Records, the Inspector General, at the address given in 
Sec.  303.5(a). The envelope and letter should be clearly marked 
``Freedom of Information Act Appeal.'' An appeal need not be in any 
particular form, but should adequately identify the denial, if 
possible, by describing the requested record, identifying the official 
who issued the denial, and providing the date on which the denial was 
issued.
    (b) The decision of the Associate Director for the Office of 
Management or the Inspector General on an appeal shall be in writing 
and, in the event the denial is in whole or in part upheld, shall 
contain an explanation responsive to the arguments advanced by the 
requester, the matters described in Sec.  303.11(a)(1) through (4), and 
the provisions for judicial review of such decision under section 
552(a)(4) of the FOIA. The decision shall be dispatched to the 
requester within 20 business days after receipt of the appeal, unless 
an additional period is justified pursuant to Sec.  303.8(i) and such 
period taken together with any earlier extension does not exceed 10 
business days. The decision by the Associate Director for the Office of 
Management or the Inspector General shall constitute the final action 
of the Peace Corps. All such decisions shall be treated as final 
opinions under Sec.  303.5(b).


Sec.  303.13  Fees.

    (a) For information routinely provided by the Peace Corps to the 
public in the normal course of doing business, such as informational or 
recruiting brochures, no fees will be charged.
    (b) For each a commercial use request, fees will be limited to 
reasonable standard charges for document search, review, and 
duplication.
    (c) For each request for records sought by a representative of the 
news media or by an educational or non-commercial scientific 
institution, fees shall be limited to reasonable standard charges for 
document duplication after the first 100 pages.
    (d) For all other requests, fees shall be limited to reasonable 
standard charges for search time after the first 2 hours and 
duplication after the first 100 pages.
    (e) The schedule of reasonable standard charges for services 
regarding the production or disclosure of the Peace Corps records is as 
follows:
    (1) Manual search and review of records: Salary rate of employee[s] 
performing the search and review plus 16%. Charges for search and 
review time less than a full hour will be billed by quarter-hour 
segments;
    (2) Computer time: Actual costs as incurred;
    (3) Duplication by paper copy: 10 cents per page;
    (4) Duplication by other methods: Actual costs as incurred;
    (5) Certification of true copies: $1.00 each;
    (6) Packing and mailing records: Actual costs as incurred; and
    (7) Special delivery or express mail: Actual charges as incurred.
    (f) Fee waivers: Fees will be waived or reduced below the fees 
established under paragraph (e) of this section if disclosure of the 
information is in the public interest because it is likely to 
contribute significantly to public understanding of the operations or 
activities of the Peace Corps or Federal government and is not 
primarily in the commercial interest of the requester.
    (1) In order to determine whether the disclosure of the information 
is in the public interest because it is likely to contribute 
significantly to public understanding of the operations or activities 
of the Federal government, the Peace Corps shall consider the following 
four criteria:
    (i) The subject of the request: Whether the subject of the 
requested records concerns the operations or activities of the Peace 
Corps or Federal government;
    (ii) The informative value of the information to be disclosed: 
Whether the disclosure is ``likely to contribute'' to an understanding 
of Peace Corps or Federal government operations or activities;
    (iii) The contribution to an understanding of the subject by the 
general public likely to result from disclosure: Whether disclosure of 
the requested information will contribute to ``public understanding;'' 
and
    (iv) The significance of the contribution to public understanding: 
Whether the disclosure is likely to contribute ``significantly'' to 
public understanding of Peace Corps or Federal government operations or 
activities.
    (2) In order to determine whether disclosure of the information is 
not primarily in the commercial interest of the requester, the Peace 
Corps shall consider the following two factors:
    (i) The existence and magnitude of a commercial interest: Whether 
the requester has a commercial interest that would be furthered by the 
requested disclosure; and if so,
    (ii) The primary interest in disclosure: Whether the magnitude of 
the identified commercial interest of the requester is sufficiently 
large, in comparison with the public interest in disclosure, that 
disclosure is ``primarily in the commercial interest of the 
requester.''
    (3) These fee waiver/reduction provisions will be subject to appeal 
in the same manner as appeals from denial under Sec.  303.12.
    (g) No fee will be charged under this section unless the cost of 
routine collection and processing of the fee payment is likely to 
exceed the average cost of processing a payment.
    (h) Requesters must agree to pay all fees charged for services 
associated with their requests. The Peace Corps will assume that 
requesters agree to pay all charges for services associated with

[[Page 66013]]

their requests up to $25 unless otherwise indicated by the requester.
    (i) No requester will be required to make an advance payment of any 
fee unless:
    (1) The requester has previously failed to pay a required fee to 
another federal agency or to Peace Corps within 30 days of the date of 
billing, in which case an advance deposit of the full amount of the 
anticipated fee together with the fee then due plus interest accrued 
may be required. (The request will not be deemed to have been received 
by the Peace Corps until such payment is made.); or
    (2) The Peace Corps determines that an estimated fee will exceed 
$250, in which case the requester shall be notified of the amount of 
the anticipated fee or such portion thereof as can readily be 
estimated. Such notification shall be transmitted as soon as possible, 
but in any event within 5 business days of receipt of the request by 
the Peace Corps. The notification shall offer the requester the 
opportunity to confer with appropriate representatives of the Peace 
Corps for the purpose of reformulating the request so as to meet the 
needs of the requester at a reduced cost. The request will not be 
deemed to have been received by the Peace Corps for purposes of the 
initial 20-day response period until the requester makes a deposit on 
the fee in an amount determined by the Peace Corps.
    (j) Interest may be charged to those requesters who fail to pay the 
fees charged. Interest will be assessed on the amount billed, starting 
on the 31st day following the day on which the billing was sent. The 
rate charged will be as prescribed in 31 U.S.C. 3717.
    (k) The Agency is not required to process a request for a requester 
who has not paid FOIA fees owed to another Federal agency.
    (l) If the Peace Corps reasonably believes that a requester or 
group of requesters is attempting to break a request into a series of 
requests for the purpose of evading the assessment of fees, the Peace 
Corps shall aggregate such requests and charge accordingly. Likewise, 
the Peace Corps will aggregate multiple requests for documents received 
from the same requester within 45 business days.
    (m) The Peace Corps reserves the right to limit the number of 
copies of any document that will be provided to any one requester or to 
require that special arrangements for duplication be made in the case 
of bound volumes or other records representing unusual problems of 
handling or reproduction.


Sec.  303.14  Procedures for responding to a subpoena.

    (a) Purpose and scope. (1) This part sets forth the procedures to 
be followed in proceedings in which the Peace Corps is not a party, 
whenever a subpoena, order or other demand (collectively referred to as 
a ``demand'') of a court or other authority is issued for:
    (i) The production or disclosure of any material contained in the 
files of the Agency;
    (ii) The production or disclosure of any information relating to 
material contained in the files of the Agency;
    (iii) The production or disclosure of any information or material 
acquired by any person while such person was an employee of the Agency 
as a part of the performance of his official duties or because of his 
official status, or
    (iv) The production of an employee of the Agency for the deposition 
or an appearance as a witness in a legal action or proceeding.
    (2) For purposes of this part, the term ``employee of the Agency'' 
includes all officers and employees of the Agency appointed by, or 
subject to the supervision, jurisdiction or control of, the director of 
the Agency, including personal services contractors. Also for purposes 
of this part, records of the Agency do not include records of the 
Office of Inspector General.
    (3) This part is intended to provide instructions regarding the 
internal operations of the Agency, and is not intended, and does not 
and may not be relied upon, to create any right or benefit, substantive 
or procedural, enforceable at law by a party against the Agency.
    (4) This part applies to:
    (i) State and local court, administrative and legislative 
proceedings; and
    (ii) Federal court and administrative proceedings.
    (5) This part does not apply to:
    (i) Congressional requests or subpoenas for testimony or documents:
    (ii) Employees or former employees making appearances solely in 
their private capacity in legal or administrative proceedings that do 
not relate to the Agency (such as cases arising out of traffic 
accidents or domestic relations); Any questions whether the appearance 
relates solely to the employee's or former employee's private capacity 
should be referred to the Office of the General Counsel.
    (6) Nothing in this part otherwise permits disclosure of 
information by the Agency except as is provided by statute or other 
applicable law.
    (b) Procedure in the event of a demand for production or 
disclosure. (1) No employee or former employee of the Agency shall, in 
response to a demand of a court or other authority set forth in Sec.  
303.14(a) produce any material, disclose any information or appear in 
any proceeding, described in Sec.  303.14(a) without the approval of 
the General Counsel or designee.
    (2) Whenever an employee or former employee of the Peace Corps 
receives a demand for the production of material or the disclosure of 
information described in Sec.  303.14(a) he shall immediately notify 
and provide a copy of the demand to the General Counsel or designee. 
The General Counsel, or designee, shall be furnished by the party 
causing the demand to be issued or served a written summary of the 
information sought, its relevance to the proceeding in connection with 
which it was served and why the information sought is unavailable by 
any other means or from any other sources.
    (3) The General Counsel, or designee, in consultation with 
appropriate Agency officials, including the Agency's FOIA Officer, or 
designee, and in light of the considerations listed in Sec.  303.14(d), 
will determine whether the person on whom the demand was served should 
respond to the demand.
    (4) To the extent he deems it necessary or appropriate, the General 
Counsel or designee, may also require from the party causing such 
demand to be issued or served a plan of all reasonably foreseeable 
demands, including but not limited to names of all employees and former 
employees from whom discovery will be sought, areas of inquiry, length 
of time of proceedings requiring oral testimony and identification of 
documents to be used or whose production is sought.
    (c) Considerations in determining whether production or disclosure 
should be made pursuant to a demand. (1) In deciding whether to make 
disclosures pursuant to a demand, the General Counsel or designee, may 
consider, among things:
    (i) Whether such disclosure is appropriate under the rules of 
procedure governing the case or matter in which the demand arose; and
    (ii) Whether disclosure is appropriate under the relevant 
substantive law concerning privilege.
    (2) Among the demands in response to which disclosure will not be 
made are those demands with respect to which any of the following 
factors exist:
    (i) Disclosure would violate a statute or a rule of procedure;
    (ii) Disclosure would violate the privacy rights of an individual;

[[Page 66014]]

    (iii) Disclosure would violate a specific regulation;
    (iv) Disclosure would reveal classified information, unless 
appropriately declassified by the originating agency;
    (v) Disclosure would reveal trade secrets or proprietary 
information without the owner's consent;
    (vi) Disclosure would otherwise adversely affect the interests of 
the United States or the Peace Corps; or
    (vii) Disclosure would impair an ongoing Inspector General or 
Department of Justice investigation.

    Dated: November 19, 2003.
Tyler S. Posey,
General Counsel.
[FR Doc. 03-29409 Filed 11-24-03; 8:45 am]
BILLING CODE 6015-01-M