§ 303.17 Procedures for responding to a subpoena. ( a ) *Purpose and scope.* ( 1 ) This section 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 Peace Corps;
( ii ) The production or disclosure of any information relating to material contained in the files of the Peace Corps;
( iii ) The production or disclosure of any information or material acquired by any person while such person was an employee of the Peace Corps as a part of the performance of their official duties or because of their official status, or
( iv ) The production of an employee of the Peace Corps for the deposition or an appearance as a witness in a legal action or proceeding.
( 2 ) For purposes of this section, the term “employee of the Peace Corps” includes all officers, employees, volunteers, and trainees of the Peace Corps appointed by, or subject to the supervision, jurisdiction or, control of, the Director of the Peace Corps, including personal services contractors. Also, for purposes of this section, records of the Peace Corps do not include records of the Office of Inspector General.
( 3 ) This section is intended to provide instructions regarding the internal operations of the Peace Corps, 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 Peace Corps.
( 4 ) This section applies to: ( i ) State and local court, administrative and legislative proceedings; and
( ii ) Federal court and administrative proceedings.
( 5 ) This section does not apply to: ( i ) Congressional requests or subpoenas for testimony or documents; and
( ii ) Employees or former employees making appearances solely in their private capacity in legal or administrative proceedings that do not relate to the Peace Corps (such as cases arising out of traffic accidents or domestic relations). Any questions regarding 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 section otherwise permits disclosure of information by the Peace Corps 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 Peace Corps shall, in response to a demand of a court or other authority set forth in paragraph (a) of this section produce any material, disclose any information, or appear in any proceeding, described in paragraph (a) of this section 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 paragraph (a) of this section they 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 Peace Corps officials, including the Peace Corps' FOIA Officer, or designee, and in light of the considerations listed in paragraph (d) of this section, will determine whether the person on whom the demand was served should respond to the demand.
( 4 ) To the extent deemed 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;
( 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.
[68 FR 66008, Nov. 25, 2003, as amended at 79 FR 19820, Apr. 10, 2014. Redesignated and amended at 89 FR 25525, 25530 Apr. 11, 2024; 89 FR 50522, June 14, 2024]