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303.1 Definitions.

303.2 Availability of Records.

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

303.4 Records which may be exempt from disclosure.

303.5 Authority to release and certify records.

303.6 Public reading room.

303.7 Manner of requesting records. 303.8

Schedule of fees and method of payment for services rendered.

AUTHORITY: The provisions of this Part 303 issued under sec. 4, 75 Stat. 612; 22 U.S.C. 2503, 5 U.S.C. 552, E.O. 10501, as amended, 18 F.R. 7049, 3 CFR 1949-1953 Comp., page 979, E.O. 11041, as amended, 27 F.R. 7859, 3 CFR 1959-1963 Comp., page 623, State Department Delegation of Authority No. 85-11A, amended.

as

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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.

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All 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 policy, interpretations, manuals, opinions, 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

formation, as well as other information, obtained from any person and customarily regarded as privileged and confidential by the person from whom they were obtained, such as information provided to physicians or psychologists regarding Peace Corps Volunteers or Volunteer applicants.

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

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

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

§ 303.5 Authority to release and certify records.

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

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

(2) The Director of the Administrative Services Division, and the Deputy Director of the Administrative Services Division, Office of Administration, are hereby designated to act as Authentication Officer and, when the Authentication Officer is unavailable, Acting Authentication Officer, respectively. The Authentication Officer is hereby authorized to sign and issue certificates of

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§ 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. Inquires 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 Pub

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

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

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

(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 requestor in writing, clearly stating the reasons for the decision reached.

(i) If the requested record is identifiable and the unit head or Office Director concerned has found no reason to withhold it, or if after receiving the General Counsel's advice the Office Director decides not to withhold the record, the re

quested record shall be made available to the requestor as described in subparagraphs (1) and (2) of this paragraph.

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

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

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

§ 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 requestors under this part: (1) Searches of more than 10 min

utes for records; minimum
charge, per hour or fraction
thereof

(2) Other facilitative services and in-
dex assistance of more than 10
minutes-minimum charge, per
hour or fraction thereof..
Copies made by photostat or oth-
erwise (per page).

(3)

(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

$3.50

3.50

.40

75

.75

nonavailability of record.‒‒‒‒‒‒‒ No fee (b) When no specific fee has been established for a service, or the requested service does not fall under one of the above categories due to the amount or type thereof, the Director, Administrative Services Division, is authorized to establish an appropriate fee pursuant to the criteria established in Bureau of the Budget Circular No. A-25, entitled "User Charges."

(c) (1) The minimum appropriate charge shall be paid in advance of the search or other service incident to the request, whether by mail or in person, for identifiable records.

(2) The remainder of the charges, if any, shall be paid on completion of the

search or prior to the issuance of requested copies.

(3) Payments shall be made to the appropriate unit head or his designee.

(d) Remittances shall be in the form either of a personal check or bank draft drawn on a bank in the United States; or postal money order; or cash. Remittances shall be made payable to the order of the Peace Corps. The Peace Corps will assume no responsibility for cash which is lost in the mail.

(e) A receipt for fees paid will be given only upon request. Refund of fees paid for services actually rendered will not be made.

PART 304-CLAIMS AGAINST GOVERNMENT UNDER FEDERAL TORT CLAIMS ACT

Sec.

.304.1

304.2

304.3

304.4

304.5

304.6

304.7

304.8

304.9

304.10

304.11 304.12

GENERAL PROVISIONS

Scope; definitions.

PROCEDURES

Administrative claim; when pre-
sented; appropriate Peace Corps
Office.

Administrative claim; who may file.
Administrative claim; evidence and
information to be submitted.
Investigations.

Claims investigation.

Authority to adjust, determine,
compromise, and settle claims.
Limitations on authority.

Referral to Department of Justice.
Review of claim.

Final denial of claim.

Action on approved claim.

AUTHORITY: The provisions of this Part 304 issued under 28 U.S.C. 2672; 28 CFR 14.11; secs. 4 and 5(h), 75 Stat. 612, 22 U.S.C. 2503; E.O. 11041, as amended, 27 F.R. 7859, 3 CFR 1959-1963 Comp., page 623; Sec. 2(6), State Department Delegation of Authority No. 8511A, as amended.

SOURCE: The provisions of this Part 304 appear at 34 F.R. 5840, Mar. 28, 1969, unless otherwise noted.

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Volunteer or trainee while acting wit the scope of his office or employment (b) This subpart is not applicable claims arising in a foreign country; i applicable to claims arising in Pue Rico and the Virgin Islands.

(c) This subpart is issued subject and consistent with applicable regu tions on administrative claims und the Federal Tort Claims Act issued the Attorney General (31 F.R. 16616; CFR Part 14).

(d) For the purposes of this subpa the term "General Counsel" means th General Counsel of the Peace Corps his designee.

§ 304.2

PROCEDURES

Administrative claim; when pr sented; appropriate Peace Corp Office.

(a) For purposes of this subpart, claim shall be deemed to have been pre sented when the Peace Corps receives, a a place designated in paragraph (b) of this section, an executed "Claim for Damages or Injury," Standard Form 95, or other written notification of an incident, accompanied by a claim for money damages in a sum certain for injury to or loss of property, for personal injury, or for death alleged to have occurred by reason of the incident. A claim which should have been presented to the Peace Corps, but which was mistakenly addressed to or filed with another Federal agency, is deemed to have been presented to the Peace Corps as of the date that the claim is received by the Peace Corps. If a claim is mistakenly addressed to or filed with the Peace Corps, the Peace Corps shall forthwith transfer it to the appropriate Federal agency, if ascertainable, or return it to the claimant.

(b) A claimant shall mail or deliver his claim to the General Counsel, Peace Corps, 806 Connecticut Avenue NW., Washington, D.C. 20525.

§ 304.3 Administrative claim; who may file.

(a) A claim for injury to or loss of property may be presented by the owner of the property, his duly authorized agent, or his legal representative.

(b) A claim for personal injury may be presented by the injured person, his duly authorized agent, or his legal representative.

(c) A claim based on death may be presented by the executor or administrator of the decedent's estate, or by

any other person legally entitled to assert such a claim in accordance with applicable State law.

(d) A claim for loss wholly compensated by an insurer with the rights of a subrogee may be presented by the insurer. Claim for loss partially compensated by an insurer with the rights of a subrogee may be presented by the insurer or the insured individually, as their respective interests appear, or jointly. Whenever an insurer presents a claim asserting the rights of a subrogee, he shall present with his claim appropriate evidence that he has the rights of a subrogee.

(e) A claim presented by an agent or legal representative shall be presented in the name of the claimant, be signed by the agent or legal representative, show the title or legal capacity of the person signing, and be accompanied by evidence of his authority to present a claim on behalf of the claimant.

§ 304.4

Administrative claim, evidence and information to be submitted. (a) Personal injury. In support of a claim for personal injury, including pain and suffering, the claimant may be required to submit the following evidence or information:

(1) A written report by his attending physician or dentist setting forth the nature and extent of the injury, nature and extent of treatment, any degree of temporary or permanent disability, the prognosis, period of hospitalization, and any diminished earning capacity. In addition, the claimant may be required to submit to a physical or mental examination by a physician employed or designated by the Peace Corps or another Federal agency. A copy of the report of the examining physician shall be made available to the claimant upon the claimant's written request provided that he has, upon request, furnished the report referred to in the first sentence of this subparagraph and has made or agrees to make available to the Peace Corps any other physician's report previously or thereafter made of the physical or mental condition which is the subject matter of his claim.

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66-045-72-23

(4) If a claim is made for loss of time from employment, a written statement from his employer showing actual time lost from employment, whether he is a full- or part-time employee, and wages or salary actually lost;

(5) If a claim is made for loss of income and the claimant is self-employed, documentary evidence showing the amount of earnings actually lost.

(6) Any other evidence or information which may have a bearing on either the responsibility of the United States for the personal injury or the damages claimed.

(b) Death. In support of a claim based on death, the claimant may be required to submit the following evidence or information:

(1) An authenticated death certificate or other competent evidence showing cause of death, date of death, and age of the decedent.

(2) Decedent's employment or occupation at the time of death, including his monthly or yearly salary or earnings (if any), and the duration of his last employment or occupation.

(3) Full names, addresses, birth dates, kinship, and marital status of decedent's survivors, including identification of those survivors who were dependent for support upon decedent at the time of his death.

(4) Degree of support afforded by decedent to each survivor dependent upon him for support at the time of his death.

(5) Decedent's general physical and mental condition before death.

(6) Itemized bills for medical and burial expenses incurred by reason of the incident causing death, or itemized receipts of payment for such expenses.

(7) If damages for pain and suffering prior to death are claimed, a physician's detailed statement specifying the injuries suffered, duration of pain and suffering, any drugs administered for pain, and decedent's physical condition in the interval between injury and death.

(8) Any other evidence or information which may have a bearing on either the responsibility of the United States for the death or the damages claimed.

(c) Property damage. In support of a claim for injury to or loss of property, real or personal, the claimant may be required to submit the following evidence or information.

(1) Proof of ownership.

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