[Federal Register Volume 82, Number 215 (Wednesday, November 8, 2017)]
[Rules and Regulations]
[Pages 51753-51754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24340]



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 Rules and Regulations
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  Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / 
Rules and Regulations  

[[Page 51753]]



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: These revisions clarify procedures to obtain Government 
Accountability Office (GAO) records. Specifically, the revisions add 
procedures for requesting records of GAO's Office of Inspector General. 
The revisions also clarify that documents prepared by GAO or GAO's 
Office of Inspector General for referral to another agency for law 
enforcement purposes are not subject to the regulations in this part. 
The previous regulatory language on this point was imprecise.

DATES: This rule is effective as of December 8, 2017.

FOR FURTHER INFORMATION CONTACT: John A. Bielec, Assistant General 
Counsel, [email protected].

SUPPLEMENTARY INFORMATION: GAO is amending 4 CFR 81.2 by specifically 
providing that GAO's Office of Inspector General (OIG) will process any 
requests under this part for OIG records. The OIG, which was 
established by statute in 2008, audits and investigates matters related 
to GAO's operations. The OIG executes its responsibilities 
independently of and free from interference or control by any other 
office or body within GAO. In keeping with and to best preserve this 
independence, the OIG itself should process requests for its records. 
However, when the OIG receives a request for records that originated in 
GAO, the OIG will refer the requester to GAO. These revisions provide 
that with respect to any request for OIG records, other than records 
that originated in GAO, throughout this part the term ``Counsel to the 
Inspector General'' would be substituted for ``Chief Quality Officer'' 
and the term ``Inspector General'' would be substituted for 
``Comptroller General.''
    In addition, Sec.  81.6(g) is amended to clarify that documents 
prepared by GAO for referral to another agency for law enforcement 
purposes are exempt from the procedures in this part. Section 81.6(g) 
previously provided that records that GAO has already provided to 
another agency for law enforcement purposes are exempt. However, Sec.  
81.6(g) did not specifically address requests for records that GAO, 
including the OIG, created for referral to another agency for law 
enforcement purposes, but has not yet provided to another agency. For 
instance, during an investigation into possible criminal activity, the 
GAO OIG creates documents that may be forwarded to another agency for 
law enforcement purposes at the conclusion of the OIG's investigation. 
Section 81.6(g) was unclear as to whether such records, which have not 
yet been forwarded to another agency, would be subject to this part if 
requested before the conclusion of the investigation. These changes 
clarify that records compiled for referral to another agency for law 
enforcement purposes are exempt from this part.
    GAO is not subject to the Administrative Procedure Act and 
accordingly is not required by law to seek comments before issuing a 
final rule. Application of the Administrative Procedure Act to GAO is 
not to be inferred from GAO's invitation of comments on the proposed 
rule.
    Nevertheless, GAO published a proposed rule regarding these changes 
and invited comments at 82 FR 37545 (August 11, 2017). GAO received two 
comments on the proposed rule. Neither comment specifically addressed 
the proposed changes to this part. As a result, the final rule does not 
reflect these comments.
    GAO added a sentence to the final version of Sec.  81.2 that did 
not appear in the proposed version. This sentence clarifies that when 
the OIG receives a request for records that originated in GAO, the OIG 
will refer the requester to GAO. The final rule otherwise does not 
differ substantively from the proposed rule.

List of Subjects in 4 CFR Part 81

    Administrative practice and procedure, Archives and records, 
Freedom of information, 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.  81.2 by designating the undesignated paragraph as 
paragraph (a) and adding paragraph (b) to read as follows:


Sec.  81.2   Administration.

* * * * *
    (b) Requests for records of GAO's Office of Inspector General (OIG) 
shall be processed by the Counsel to the Inspector General in 
accordance with this part. The Inspector General shall decide any 
administrative appeals of decisions of the Counsel to the Inspector 
General concerning such requests. However, if any of the requested 
records of the OIG originated in GAO, the Counsel to the Inspector 
General shall refer the requester to GAO's Chief Quality Officer for 
processing of the request for those records in accordance with this 
part. With regard to any public request to inspect or copy records of 
the OIG, other than records that originated in GAO, in this part the 
term ``Counsel to the Inspector General'' is to be substituted for 
``Chief Quality Officer'' and the term ``Inspector General'' is to be 
substituted for ``Comptroller General''. All requests to inspect or 
obtain a copy of an identifiable record of the OIG must be submitted in 
writing to the Counsel to the Inspector General, U.S. Government 
Accountability Office, Suite 1808, 441 G Street NW., Washington, DC 
20548 or emailed to [email protected].


0
 3. Amend Sec.  81.6 by revising paragraph (g) 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 prepared for referral to and/or provided by 
GAO or

[[Page 51754]]

the OIG to another agency for law enforcement purposes.
* * * * *

    Dated: November 3, 2017.
Susan A. Poling,
General Counsel, Government Accountability Office.
[FR Doc. 2017-24340 Filed 11-7-17; 8:45 am]
 BILLING CODE 1610-02-P