[Federal Register Volume 76, Number 45 (Tuesday, March 8, 2011)]
[Rules and Regulations]
[Pages 12549-12550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4988]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 76, No. 45 / Tuesday, March 8, 2011 / Rules
and Regulations
[[Page 12549]]
GOVERNMENT ACCOUNTABILITY OFFICE
4 CFR Part 81
Public Availability of Government Accountability Office Records
AGENCY: Government Accountability Office.
ACTION: Final rule.
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SUMMARY: This rule is a revision of portions of GAO's records rule.
These revisions clarify procedures to obtain Government Accountability
Office (GAO) documents. Published GAO documents such as testimonies,
reports, and decisions are available to the public on GAO's Web site
and also may be requested over the telephone. Their wide availability
eliminates the need for regulations governing their request, and
accordingly published GAO documents are no longer subject to the
procedures of this part. The revisions also clarify that records
compiled for law enforcement purposes by another agency and records
provided by GAO to another agency for law enforcement purposes are not
subject to disclosure. The previous regulatory language on this point
was imprecise. The changes also add steps to the procedures for using
GAO's public reading facility, to facilitate the efficient use of the
facility. Finally, the revisions make various housekeeping changes
reflecting shifts in GAO's operating procedures.
These changes clarify for the public which GAO documents are
subject to this part and how to obtain such documents.
DATES: Effective March 8, 2011.
FOR FURTHER INFORMATION CONTACT: John A. Bielec, Assistant General
Counsel, 202-512-2846.
SUPPLEMENTARY INFORMATION: Part 81 of Title 4 of the Code of Federal
Regulations contains the procedures for members of the public to obtain
GAO documents.
GAO is amending paragraph (b) of Sec. 81.1 to remove all published
GAO documents, such as reports and decisions, from this part's purview.
All such documents are publicly available on GAO's Web site, http://www.gao.gov, and may also be ordered over the telephone. Accordingly,
regulations governing requests for public disclosure of such documents
are unnecessary. It is also well established that when an agency makes
its documents widely available to the public, the agency need not
reproduce those documents again in response to a Freedom of Information
Act (FOIA) request. Department of Justice v. Tax Analysts, 492 U.S.
136, 152 (1989). While GAO is not subject to FOIA, the principle
applies equally in this context.
Published GAO documents may be downloaded free of charge from GAO's
Web site. Print copies may be ordered by telephone, but GAO charges a
fee to print and ship documents requested this way, as provided in
Sec. 81.7, which is unchanged by this rule. Under this revised rule,
GAO will no longer accept requests via fax or mail for published
documents. Requests for GAO documents not available on GAO's Web site
remain subject to this part and must be submitted in writing to GAO,
via either mail or e-mail, in accordance with Sec. 81.4. Technical
amendments to paragraphs (a) and (c) of Sec. 81.1 are made as needed
to conform with these changes.
Paragraph 81.6(g) is amended to clarify the types of documents GAO
considers to be compiled for law enforcement purposes. Such documents
are not subject to disclosure under this part.
Although GAO is not a law enforcement agency, it occasionally
collects, during the course of its audits and investigations, records
from law enforcement agencies that those agencies compiled for their
own law enforcement purposes. While GAO did not compile the records,
they are nonetheless exempt from disclosure because they were
originally compiled for law enforcement purposes and may still be used
for such purposes by the originating agency. Disclosure of such records
would undermine the originating agency's law enforcement mission.
During the course of its work, GAO also occasionally receives
information from non-law enforcement sources that indicates possible
civil or criminal wrongdoing by another party. GAO forwards such
information to other Federal, State, or local agencies with enforcement
jurisdiction over the matter. The receiving agencies may use the
information for their own investigations, prosecutions, or other law
enforcement matters. GAO considers such information to be compiled for
law enforcement purposes if, at the time GAO receives a request under
this part for the information, the receiving agency advises GAO that
the information is being, or will be, used by that agency for a law
enforcement purpose. In these circumstances, GAO's disclosure of the
information could undermine law enforcement operations. ``Law
enforcement'' in this context includes civil and administrative as well
as criminal matters.
This policy is consistent with the United States Supreme Court's
ruling that information not originally compiled for law enforcement
purposes is nevertheless exempt from public disclosure if, at the time
of a request, it is being used for law enforcement purposes. John Doe
Agency v. John Doe Corp., 493 U.S. 146, 153-55 (1989).
Section 81.8 is amended to advise individuals who wish to use GAO's
public reading facility to schedule an appointment and to have GAO's
staff determine whether the records sought are included in the public
reading facility collection.
Section 81.2 is amended to clarify and identify the entity within
GAO that administers this part. Section 81.4 is amended to delete
language that GAO records may be requested via a link on GAO's Web
site. GAO will continue to accept requests for GAO records by e-mail.
Paragraph (m) of Sec. 81.6 is amended to correctly identify the entity
within GAO that operates GAO FraudNet.
GAO submitted for comment a proposed rule containing these
amendments, which was published in the Federal Register on November 24,
2010 (75 FR 71567). GAO received no comments on the proposed rule.
GAO is not subject to the Administrative Procedure Act.
[[Page 12550]]
List of Subjects in 4 CFR Part 81
Administrative practice and procedure, Archives and records,
Computer technology, Electronic products, Freedom of information,
Public reading room, Requests for records.
For the reasons stated in the preamble, the Government
Accountability Office amends 4 CFR part 81 as follows:
PART 81--PUBLIC AVAILABILITY OF GOVERNMENT ACCOUNTABILITY OFFICE
RECORDS
0
1. The authority citation for part 81 continues to read as follows:
Authority: 31 U.S.C. 711.
0
2. Amend Sec. 81.1 to revise the first sentence of paragraph (a), to
revise paragraph (b), and to add paragraph (c) to read as follows:
Sec. 81.1 Purpose and scope of part.
(a) This part implements the policy of the U.S. Government
Accountability Office (GAO) with respect to the public availability of
GAO records, except as set forth in paragraph (b) of this section. * *
*
(b) GAO published testimonies, reports, decisions, special
publications, or listings of publications are not included within the
scope of this part. These documents may be obtained from the GAO Web
site, http://www.gao.gov, or by telephone at 202-512-6000, TDD 202-512-
2537, or 1-866-801-7077 (toll free). These publications may be
downloaded free of charge from the GAO Web site. Paper copies requested
from GAO are subject to a printing, shipping, and handling fee.
(c) Requests for all other GAO records are within the scope of this
part and should be submitted to GAO as directed in paragraph (a) of
Sec. 81.4.
0
3. Revise Sec. 81.2 to read as follows:
Sec. 81.2 Administration.
GAO's Chief Quality Officer administers this part and may
promulgate such supplemental rules or regulations as may be necessary.
0
4. In Sec. 81.4, remove the second sentence of paragraph (a).
0
5. Amend Sec. 81.6 to revise paragraph (g) and the sentence following
the italic heading in paragraph (m) to read as follows:
Sec. 81.6 Records which may be exempt from disclosure.
* * * * *
(g) Records compiled for law enforcement purposes that originate in
another agency, or records provided by GAO to another agency for law
enforcement purposes.
* * * * *
(m) * * * Records obtained by the GAO Forensic Audits and Special
Investigations (GAO FraudNet) are an example of records that could
contain information covered by this exemption.
0
6. Amend Sec. 81.8 to add a new second sentence, and to revise the
last sentence as follows:
Sec. 81.8 Public reading facility.
* * * To determine if a record is part of the public reading
facility collection and to schedule an appointment to visit the
facility, contact the Library reference desk at 202-512-2585. The
facility is open to the public from 8:30 a.m. to 4 p.m. except
Saturdays, Sundays, and Federal holidays.
Lynn H. Gibson,
General Counsel, U.S. Government Accountability Office.
[FR Doc. 2011-4988 Filed 3-7-11; 8:45 am]
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