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$ 302.4

Substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretation of general applicability formulated and adopted by the

agency. (a) The Peace Corps regulations published under the provisions of the Administrative Procedure Act are found in Part 301 of Title 22 of the Code of Federal Regulations and the FEDERAL REGISTER. These regulations are supplemented from time to time by amendments appearing initially in the FEDERAL REGISTER.

PART 303-AVAILABILITY OF REC

ORDS 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 pay

ment 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. $ 303.1 Definitions.

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.

§ 303.2 Availability of records.

Al identifiable records of the Peace Corps requested under 5 U.S.C. 552 shall be made available to the public upon compliance with the procedures established in this part, except to the extent that a determination is made, in accordance with procedures set forth in § 303.7, that a record is exempt from disclosure and is to be withheld in the public interest. All applications, publications, and other documents heretofore provided by the Peace Corps in the normal course of business will continue to be made available, without charge, upon request to the appropriate unit. § 303.3 Availability of statements of pol

icy, interpretations, manuals, opin

ions, and instructions. Statements of policy, interpretations, administrative manuals (or portions thereof), opinions, and instructions to staff which affect any member of the public will be made available to the public in the public reading room for inspection and copying, except to the extent they are determined by the General Counsel to be exempt from disclosure under $ 303.4. § 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 in

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formation, as well as other information, authentication for and in the name of obtained from any person and customar- the Director or Acting Director of the ily regarded as privileged and confiden- Peace Corps. The form of authentication tial by the person from whom they were shall be as follows: obtained, such as information provided

In testimony whereof, I to physicians or psychologists regarding

Director of the Peace Corps, have hereunto Peace Corps Volunteers or Volunteer

caused my name to be subscribed by the applicants.

Authentication Officer of the said Agency, (e) Interagency or intra-agency mem

at

in oranda or letters. Included in this cate

this

day of gory are records such as interagency communications and internal drafts,

(Director of the Peace Corps) memoranda between officials and be

(Authentication Officer, Peace Corps) tween agencies, opinions and interpretations prepared by staff or consultants;

(3) The Authentication Officer is also records of the deliberations of staff; and

hereby authorized to issue such staterecords the premature disclosure of

ments, certificates, or other documents which would interfere with the achieve- as may be required in connection with ment of the purpose for which they were judicial proceedings or other official matbeing prepared.

ters to show that, after diligent search (f) Personnel, medical, and other files.

of the Peace Corps' records, a requested Included in this category are personnel

record has not been found. (See Rule 44 and medical files for staff and Volunteers (b), Federal Rules of Civil Procedure for and other files containing private or per

the U.S. District Courts.) sonnel information, the public disclosure $ 303.6 Public reading room. of which would amount to a clearly unwarranted invasion of the privacy of any

A public reading room or area, where person to whom the information pertains.

the records described in § 303.3 shall be (g) Investigatory files. Included in

made available without charge, is lothis category are files compiled for the

cated in Peace Corps Headquarters, 806 enforcement of all laws, or prepared in

Connecticut Avenue NW., Washington, connection with Government litigation

D.C. Inquires 'as to its location should be and adjudicative proceedings, except for

directed to the Peace Corps receptionist. those portions of such files which are by § 303.7 Manner of requesting records. law available to persons in litigation with the Government, in which case

(a) Requests under 5 U.S.C. 552 for such portions shall be made available to

access to Peace Corps records may be such litigants.

filed, in person or by mail, with the Di

rector of Public Information at Peace $ 303.5 Authority to release and certify Corps Headquarters, 806 Connecticut records.

Avenue NW., Washington, D.C. 20525. (a) Authority is hereby delegated to

Personal requests shall be received bethe Director, Administrative Services Di

tween 10 a.m. and 4 p.m., Monday vision, Office of Administration, to

through Friday, except official holidays. furnish, pursuant to the regulations of

Records will be made available as this part, copies of records to any person

promptly as is reasonably possible under entitled thereto, and upon request to

the particular circumstances involved. provide certified copies thereof for use

(b) Requests relating to any other in judicial proceedings or other official

Federal agency's records copies of which matters as provided in this section.

are on file in the Peace Corps will nor(1) Notice is hereby given that no seal

mally be referred to that agency for conhas been adopted for the Peace Corps.

sideration. (2) The Director of the Administra

(c) Personal requests for access to tive Services Division, and the Deputy

records shall be made on Peace Corps Director of the Administrative Services

Form No. 1193. Copies of that form are Division, Office of Administration, are

available in the Office of Public Informahereby designated to act as Authentica- tion and the public reading room or area. tion Officer and, when the Authentica- In the case of requests made by mail, the tion Officer is unavailable, Acting Au- form will be completed by the Office of thentication Officer, respectively. The

Public Information. Authentication Officer is hereby author- (d) Upon receipt of a request for & ized to sign and issue certificates of record, the Director of the Office of Pub

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lic Information shall make an initial de- quested record shall be made available to termination as to whether the requested the requestor as described in subpararecord is identifiable within the mean- graphs (1) and (2) of this paragraph. ing of $ 303.1(a). Upon making an initial (1) Original or record copies of recaffirmative determination, he shall refer ords will not be permitted to leave the the request to the head of the unit con- custody of the lawful custodian thereof. cerned and so advise the requestor. Upon (2) Photostatic copies, duly certified receipt of the request, the head of the upon request, will be furnished in lieu unit shall determine whether the record thereof in accordance with the fees esis identifiable within the meaning of tablished in § 303.8. $ 303.1(a).

(j) Any requestor may request the (e) If the Director of the Office of Pub- Director of the Peace Corps to review a lic Information or the head of the unit determination that an identifiable recconcerned determines that a requested ord be withheld. Request for review may record is not identifiable within the be made by a letter or other written meaning of $ 303.1(a), the requestor statement setting forth the pertinent shall be so advised and shall be permitted facts. The Director reserves the right to to amend his request to provide any addi- require the requestor involved to present tional information that would make the additional information in support of his record identifiable. The requestor may request for review. The Director will seek appropriate assistance from the promptly consider each request for rehead of the unit concerned or the Direc- view and notify the requestor involved, in tor of the Office of Public Information, or writing, of his decision. a member of either of their staffs, in

§ 303.8 Schedule of fees and method of identifying the record sought.

payment for services rendered. (f) If the requested record is identifiable, the head of the unit concerned shall

(a) The following specific fees will be make it available, as described in para

applicable with respect to services rengraph (i) of this section, unless he deter

dered to requestors under this part: mines that disclosure may be contrary (1) Searches of more than 10 minto the public interest, with a view to the utes for records; minimum exemptions described in § 303.4. When

charge, per hour fraction he so determines, he shall immedi

thereof

$3.50 ately refer the request and the record

(2) Other facilitative services and inconcerned to the Director of the Office in

dex assistance of more than 10

minutes—minimum charge, per which his unit is located. If that Director

hour or fraction thereof---

3.50 determines that the requested record (3) Copies made by photostat or othshould be withheld for this reason, he erwise (per page)

.40 shall immediately refer the request and (4) Certification of each record as a the record concerned to the General

true copy-Counsel.

(5) For each certified statement of
failure to locate record.

. 75 (g) The General Counsel shall

(6) For each signed statement of promptly advise the Office Director

nonavailability of record.----- No fee whether or not the record concerned is exemptable under 5 U.S.C. 552(b).

(b) When no specific fee has been (h) If the General Counsel advises established for a service, or the requested that the record is exemptable, the Office

service does not fall under one of the Director, in consultation with the Direc

above categories due to the amount or tor of the Office of Public Information, type thereof, the Director, Administrashall then determine whether or not the tive Services Division, is authorized to record should, in the public interest, be establish an appropriate fee pursuant to withheld. If the decision is to withhold the criteria established in Bureau of the the record, the General Counsel shall

Budget Circular No. A-25, entitled “User notify the requestor in writing, clearly

Charges.” stating the reasons for the decision

(c) (1) The minimum appropriate reached. (1) If the requested record is identifi

charge shall be paid in advance of the able and the unit head or Office Director

search or other service incident to the concerned has found no reason to with

request, whether by mail or in person, hold it, or if after receiving the General

for identifiable records. Counsel's advice the Office Director de- (2) The remainder of the charges, if cides not to withhold the record, the re- any, shall be paid on completion of the

. 75

search or prior to the issuance of re- Volunteer or trainee while acting within quested copies.

the scope of his office or employment. (3) Payments shall be made to the ap- (b) This subpart is not applicable to propriate unit head or his designee. claims arising in a foreign country; it is

(d) Remittances shall be in the form applicable to claims arising in Puerto either of a personal check or bank draft Rico and the Virgin Islands. drawn on a bank in the United States; or (c) This subpart is issued subject to postal money order; or cash. Remittances

and consistent with applicable regulashall be made payable to the order of the tions on administrative claims under Peace Corps. The Peace Corps will as- the Federal Tort Claims Act issued by sume no responsibility for cash which is

the Attorney General (31 F.R. 16616; 28 lost in the mail.

CFR Part 14). (e) A receipt for fees paid will be given

(d) For the purposes of this subpart, only upon request. Refund of fees paid

the term “General Counsel" means the for services actually rendered will not be

General Counsel of the Peace Corps or made.

his designee.

PROCEDURES PART 304CLAIMS AGAINST GOV

$ 304.2 Administrative claim; when preERNMENT UNDER FEDERAL TORT

sented; appropriate Peace Corps CLAIMS ACT

Office.
GENERAL PROVISIONS

(a) For purposes of this subpart, a Sec.

claim shall be deemed to have been pre304.1 Scope; definitions.

sented when the Peace Corps receives, at PROCEDURES

a place designated in paragraph (b) of

this section, an executed "Claim for 304.2 Administrative claim; when presented; appropriate Peace Corps

Damages or Injury,” Standard Form 95, Office.

or other written notification of an inci304.3 Administrative claim; who may file. dent, accompanied by a claim for money 304.4 Administrative claim; evidence and damages in a sum certain for injury to information to be submitted.

or loss of property, for personal injury, 304.5 Investigations.

or for death alleged to have occurred by 304.6 Claims investigation.

reason of the incident. A claim which 304.7 Authority to adjust, determine, compromise, and settle claims.

should have been presented to the Peace 304.8 Limitations on authority.

Corps, but which was mistakenly ad304.9 Referral to Department of Justice.

dressed to or filed with another Federal 304.10 Review of claim.

agency, is deemed to have been presented 304.11 Final denial of claim.

to the Peace Corps as of the date that 304.12 Action on approved claim.

the claim is received by the Peace Corps. AUTHORITY: The provisions of this Part 304 If a claim is mistakenly addressed to or issued under 28 U.S.C. 2672; 28 CFR 14.11; filed with the Peace Corps, the Peace secs. 4 and 5(h), 75 Stat. 612, 22 U.S.C. 2503; Corps shall forthwith transfer it to the E.O. 11041, as amended, 3 CFR, 1959–1963 appropriate Federal agency, if ascertainComp.; Sec. 2(6), State Department Delega

able, or return it to the claimant. tion of Authority No. 85–11A, as amended.

(b) A claimant shall mail or deliver his SOURCE: The provisions of this part 304 claim to the General Counsel, Peace appear at 34 F.R. 5840, Mar. 28, 1969, unless

Corps, 806 Connecticut Avenue NW., otherwise noted.

Washington, D.C. 20525.
GENERAL PROVISIONS

& 304.3 Administrative claim; who may § 304.1 Scope; definitions.

file. (a) This subpart applies to claims as

(a) A claim for injury to or loss of serted under the Federal Tort Claims property may be presented by the owner Act, as amended, accruing on or after

of the property, his duly authorized January 18, 1967, for money damages

agent, or his legal representative. against the United States for injury to or

(b) A claim for personal injury may be loss of property or personal injury or presented by the injured person, his duly death caused by the negligent or wrong- authorized agent, or his legal representful act or omission of an officer or em- ative. ployee of the Peace Corps, a person (c) A claim based on death may be serving the Peace Corps under invita- presented by the executor or administional travel orders, or a Peace Corps trator of the decedent's estate, or by any other person legally entitled to assert (4) If a claim is made for loss of time such a claim in accordance with applica- from employment, a written statement ble State law.

from his employer showing actual time (d) A claim for loss wholly compen- lost from employment, whether he is a sated by an insurer with the rights of a full- or part-time employee, and wages subrogee may be presented by the in- or salary actually lost; surer. Claim for loss partially compen- (5) If a claim is made for loss of insated by an insurer with the rights of come and the claimant is self-employed, a subrogee may be presented by the in- documentary evidence showing

the surer or the insured individually, as their amount of earnings actually lost. respective interests appear, or jointly. (6) Any other evidence or informaWhenever an insurer presents a claim tion which may have a bearing on either asserting the rights of a subrogee, he the responsibility of the United States shall present with his claim appropriate for the personal injury or the damages evidence that he has the rights of a claimed. subrogee.

(b) Death. In support of a claim based (e) A claim presented by an agent or on death, the claimant may be required legal representative shall be presented in to submit the following evidence or the name of the claimant, be signed by information: the agent or legal representative, show (1) An authenticated death certificate the title or legal capacity of the person or other competent evidence showing signing, and be accompanied by evi- cause of death, date of death, and age of dence of his authority to present a claim the decedent. on behalf of the claimant.

(2) Decedent's employment or occu$ 304.4 Administrative claim, evidence

pation at the time of death, including and information to be submitted.

his monthly or yearly salary or earnings

(if any), and the duration of his last (a) Personal injury. In support of a employment or occupation. claim for personal injury, including pain (3) Full names, addresses, birth dates, and suffering, the claimant may be re- kinship, and marital status of decedent's quired to submit the following evidence

survivors, including identification of or information:

those survivors who were dependent for (1) A written report by his attend

support upon decedent at the time of his ing physician or dentist setting forth the

death. nature and extent of the injury, nature (4) Degree of support afforded by and extent of treatment, any degree of decedent to each survivor dependent temporary or permanent disability, the

upon him for support at the time of his prognosis, period of hospitalization, and death. any diminished earning capacity. In ad- (5) Decedent's general physical and dition, the claimant may be required to mental condition before death. submit to a physical or mental examina- (6) Itemized bills for medical and tion by a physician employed or desig- burial expenses incurred by reason of the nated by the Peace Corps or another Fed- incident causing death, itemized eral agency. A copy of the report of the

receipts of payment for such expenses. examining physician shall be made avail

(7) If damages for pain and suffering able to the claimant upon the claimant's

prior to death are claimed, a physician's written request provided that he has, detailed statement specifying the injurupon request, furnished the report re

ies suffered, duration of pain and sufferferred to in the first sentence of this sub

ing, any drugs administered for pain, and paragraph and has made or agrees to

decedent's physical condition in the inmake available to the Peace Corps any

terval between injury and death. other physician's report previously or thereafter made of the physical or

(8) Any other evidence or information mental condition which is the subject

which may have a bearing on either the matter of his claim.

responsibility of the United States for the (2) Itemized bills for medical, dental,

death or the damages claimed. and hospital

expenses incurred, or (c) Property damage. In support of a itemized receipts of payment for such claim for injury to or loss of property,

real or personal, the claimant may be re(3) If the prognosis reveals the neces- quired to submit the following evidence sity for future treatment, a statement of or information. expected expenses for such treatment. (1) Proof of ownership.

or

expenses.

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