22 CFR 303.9 - Exemptions for withholding records.

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There is 1 rule appearing in the Federal Register for 22 CFR 303. View below or at eCFR (GPOAccess)
§ 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 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
(iv) 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.
[68 FR 66008, Nov. 25, 2003; 69 FR 68695, Dec. 9, 2003]

Title 22 published on 2014-04-01

The following are only the Rules published in the Federal Register after the published date of Title 22.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-04-10; vol. 79 # 69 - Thursday, April 10, 2014
    1. 79 FR 19816 - Freedom of Information Act Administration
      GPO FDSys XML | Text
      PEACE CORPS
      Final rule.
      This final rule is effective May 12, 2014.
      22 CFR Part 303

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
U.S. Code: Title 22 - FOREIGN RELATIONS AND INTERCOURSE

§ 2501 - Congressional declaration of purpose

22 U.S. Code § 2441 to 2443 - Repealed.

§ 2501a - Voluntary service programs

§ 2502 - Presidential authorization; appropriations and financial readjustments

§ 2503 - Director and Deputy Director; delegation of functions

§ 2504 - Peace Corps volunteers

§ 2505 - Peace Corps volunteer leaders; number; applicability of chapter; benefits

§ 2506 - Peace Corps employees

§ 2507 - Training program

§ 2507a - Sexual assault risk-reduction and response training

§ 2507b - Sexual assault policy

§ 2507c - Office of Victim Advocacy

§ 2507d - Establishment of Sexual Assault Advisory Council

§ 2507e - Volunteer feedback and Peace Corps review

§ 2507f - Establishment of a policy on stalking

§ 2507g - Establishment of a confidentiality protection policy

§ 2507h - Removal and assessment and evaluation

§ 2507i - Reporting requirements

§ 2508 - Foreign participants; admission into the United States as nonimmigrants; removal

§ 2509 - Presidential powers and authorities

§ 2510 - Omitted

§ 2511 - Peace Corps National Advisory Council

§ 2512 - Experts and consultants

§ 2513 - Assignment of personnel to foreign governments or international organizations

§ 2514 - Use of funds

§ 2514a - Authorization for Peace Corps to provide separation pay for host country resident personal services contractors of the Peace Corps

§ 2515 - Foreign Currency Fluctuations Account

§ 2516 - Use of foreign currencies

§ 2517 - Activities promoting Americans’ understanding of other peoples

§ 2518 - Seal and name

§ 2519 - Security investigations

§ 2520 - Military training and service exemption

§ 2521 - Foreign language proficiency

§ 2521a - Nonpartisan appointments

§ 2522 - Definitions

§ 2523 - Separability

Presidential Documents

Executive Order ... 12137

Executive Order ... 12600

Title 22 published on 2014-04-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 22 CFR 303 after this date.

  • 2014-04-10; vol. 79 # 69 - Thursday, April 10, 2014
    1. 79 FR 19816 - Freedom of Information Act Administration
      GPO FDSys XML | Text
      PEACE CORPS
      Final rule.
      This final rule is effective May 12, 2014.
      22 CFR Part 303