[Federal Register: September 18, 2006 (Volume 71, Number 180)]
[Proposed Rules]
[Page 54597]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 54597]]
GOVERNMENT ACCOUNTABILITY OFFICE
4 CFR Part 81
Public Availability of Government Accountability Office Records
AGENCY: Government Accountability Office.
ACTION: Proposed rule; request for comments.
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SUMMARY: These proposed revisions would clarify and broaden the
existing exemption regarding the disclosure of congressional
correspondence and create a new exemption to allow for the withholding
of records of interviews created by GAO in connection with its work.
Specifically, the proposed revision to the congressional correspondence
exemption would enable GAO to release or withhold congressional
correspondence without prior congressional authorization. The proposed
new exemption would enhance the open, frank, and honest exchange of
information from other agencies, nonfederal organizations, and
individuals to GAO during the course of a GAO audit, evaluation, or
investigation.
DATES: Comments must be received on or before November 2, 2006.
ADDRESSES: Comments on these proposed revisions may be mailed or hand-
delivered to: Government Accountability Office, Office of the General
Counsel, Attn: Legal Services, Room 7838, 441 G Street, NW.,
Washington, DC 20548. Comments may also be e-mailed to bielecj@gao.gov
or faxed to 202-512-8501.
FOR FURTHER INFORMATION CONTACT: John A. Bielec, Deputy Assistant
General Counsel; telephone 202-512-2846; e-mail bielecj@gao.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
GAO is not subject to the Administrative Procedures Act and
accordingly is not required by law to seek comments before issuing a
final rule. However, GAO has decided to invite interested persons to
participate in this rulemaking by submitting written comments regarding
the proposed revisions. Application of the Administrative Procedures
Act to GAO is not to be inferred from this invitation for comments.
GAO will consider all comments received on or before the closing
date for comments. GAO may change the proposed revisions based on the
comments received.
Background
While GAO is not subject to the Freedom of Information Act (5
U.S.C. 552), GAO's disclosure policy follows the spirit of the act
consistent with its duties, functions, and responsibilities to the
Congress. 4 CFR 81.1. Application of the Freedom of Information Act to
GAO is not to be inferred from the provisions of these regulations. Id.
Under Sec. 81.6(a), GAO is not required to obtain congressional
authorization before releasing or withholding congressional contact
memoranda. The proposed revision to Sec. 81.6(a) would clarify that
GAO is also not required to obtain congressional authorization prior to
the release or withholding of congressional correspondence from its
records. This proposed revision would thereby ensure consistency in the
handling of records that contain information regarding the
communications between GAO and congressional members.
GAO also is proposing an amendment to Sec. 81.6 that would enable
it to protect from disclosure records of interviews created in
connection with its audits, evaluations or investigations. In order to
carry out its audit, evaluation and investigation functions, GAO
frequently needs to interview employees of other agencies and
nonfederal organizations. The success of GAO's work requires that
employees of these agencies and organizations provide open, frank, and
honest opinions during these interviews. Since the terrorist attack on
September 11, 2001, employees from certain agencies and organizations
have expressed concern and reluctance to share sensitive information
with GAO without some assurance that the information will not be
disclosed to the public. Of particular concern is that through the
audit process and agency-provided access to their employees and
officials, a record is being created that would not necessarily
otherwise exist that may be unprotected from public disclosure. To
enhance the cooperation from other agencies and nonfederal
organizations with GAO during the interview process, GAO proposes to
add a new exemption to Sec. 81.6. The exemption will provide GAO with
the discretion to withhold records of interviews created in connection
with its audits, evaluations, and investigations of programs,
activities, and funding of government agencies.
List of Subjects in 4 CFR Part 81
Administrative practice and procedure, Archives and records,
Freedom of information.
For the reasons set forth in the preamble, GAO proposes to amend 4
CFR part 81 as follows:
PART 81--PUBLIC AVAILABILITY OF GOVERNMENT ACCOUNTABILITY OFFICE
RECORDS
1. The authority citation for part 81 continues to read as follows:
Authority: 31 U.S.C. 711.
2. In Sec. 81.6, revise paragraph (a) and add a new paragraph (n)
to read as follows:
Sec. 81.6 Records which may be exempt from disclosure.
* * * * *
(a) Records relating to work performed in response to a
congressional request (unless authorized by the congressional
requester), congressional correspondence, and congressional contact
memoranda.
* * * * *
(n) Records of interviews created by GAO in connection with an
audit, evaluation, or investigation of a program, activity, or funding
of a government agency.
Dated: September 11, 2006.
Gary L. Kepplinger,
General Counsel, Government Accountability Office.
[FR Doc. E6-15474 Filed 9-15-06; 8:45 am]
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