82_FR_51968 82 FR 51753 - Public Availability of Government Accountability Office Records

82 FR 51753 - Public Availability of Government Accountability Office Records

GOVERNMENT ACCOUNTABILITY OFFICE

Federal Register Volume 82, Issue 215 (November 8, 2017)

Page Range51753-51754
FR Document2017-24340

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.

Federal Register, Volume 82 Issue 215 (Wednesday, November 8, 2017) 
[Federal Register Volume 82, Number 215 (Wednesday, November 8, 2017)]
[Rules and Regulations]
[Pages 51753-51754]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24340]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


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.

-----------------------------------------------------------------------

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

51753 Rules and Regulations Federal Register Vol. 82, No. 215 Wednesday, November 8, 2017 This section of the FEDERAL REGISTER would be substituted for ‘‘Chief Quality Freedom of information, Requests for contains regulatory documents having general Officer’’ and the term ‘‘Inspector records. applicability and legal effect, most of which General’’ would be substituted for are keyed to and codified in the Code of For the reasons stated in the ‘‘Comptroller General.’’ preamble, the Government Federal Regulations, which is published under In addition, § 81.6(g) is amended to 50 titles pursuant to 44 U.S.C. 1510. Accountability Office amends 4 CFR clarify that documents prepared by GAO part 81 as follows: The Code of Federal Regulations is sold by for referral to another agency for law the Superintendent of Documents. enforcement purposes are exempt from PART 81—PUBLIC AVAILABILITY OF the procedures in this part. Section GOVERNMENT ACCOUNTABILITY 81.6(g) previously provided that records OFFICE RECORDS GOVERNMENT ACCOUNTABILITY that GAO has already provided to OFFICE another agency for law enforcement ■ 1. The authority citation for part 81 purposes are exempt. However, § 81.6(g) continues to read as follows: 4 CFR Part 81 did not specifically address requests for Authority: 31 U.S.C. 711. records that GAO, including the OIG, Public Availability of Government created for referral to another agency for ■ 2. Amend § 81.2 by designating the Accountability Office Records law enforcement purposes, but has not undesignated paragraph as paragraph (a) AGENCY: Government Accountability yet provided to another agency. For and adding paragraph (b) to read as Office. instance, during an investigation into follows: ACTION: Final rule. possible criminal activity, the GAO OIG creates documents that may be § 81.2 Administration. SUMMARY: These revisions clarify forwarded to another agency for law * * * * * procedures to obtain Government enforcement purposes at the conclusion (b) Requests for records of GAO’s Accountability Office (GAO) records. of the OIG’s investigation. Section Office of Inspector General (OIG) shall Specifically, the revisions add 81.6(g) was unclear as to whether such be processed by the Counsel to the procedures for requesting records of records, which have not yet been Inspector General in accordance with GAO’s Office of Inspector General. The forwarded to another agency, would be this part. The Inspector General shall revisions also clarify that documents subject to this part if requested before decide any administrative appeals of prepared by GAO or GAO’s Office of the conclusion of the investigation. decisions of the Counsel to the Inspector Inspector General for referral to another These changes clarify that records General concerning such requests. agency for law enforcement purposes compiled for referral to another agency However, if any of the requested records are not subject to the regulations in this for law enforcement purposes are of the OIG originated in GAO, the part. The previous regulatory language exempt from this part. Counsel to the Inspector General shall on this point was imprecise. GAO is not subject to the refer the requester to GAO’s Chief DATES: This rule is effective as of Administrative Procedure Act and Quality Officer for processing of the December 8, 2017. accordingly is not required by law to request for those records in accordance FOR FURTHER INFORMATION CONTACT: John seek comments before issuing a final with this part. With regard to any public A. Bielec, Assistant General Counsel, rule. Application of the Administrative request to inspect or copy records of the bielecj@gao.gov. Procedure Act to GAO is not to be OIG, other than records that originated inferred from GAO’s invitation of in GAO, in this part the term ‘‘Counsel SUPPLEMENTARY INFORMATION: GAO is comments on the proposed rule. to the Inspector General’’ is to be amending 4 CFR 81.2 by specifically Nevertheless, GAO published a providing that GAO’s Office of Inspector substituted for ‘‘Chief Quality Officer’’ proposed rule regarding these changes and the term ‘‘Inspector General’’ is to General (OIG) will process any requests and invited comments at 82 FR 37545 under this part for OIG records. The be substituted for ‘‘Comptroller (August 11, 2017). GAO received two General’’. All requests to inspect or OIG, which was established by statute comments on the proposed rule. Neither in 2008, audits and investigates matters obtain a copy of an identifiable record comment specifically addressed the of the OIG must be submitted in writing related to GAO’s operations. The OIG proposed changes to this part. As a executes its responsibilities to the Counsel to the Inspector General, result, the final rule does not reflect U.S. Government Accountability Office, independently of and free from these comments. interference or control by any other Suite 1808, 441 G Street NW., GAO added a sentence to the final office or body within GAO. In keeping Washington, DC 20548 or emailed to version of § 81.2 that did not appear in with and to best preserve this OIGRecordsRequest@gao.gov. the proposed version. This sentence independence, the OIG itself should clarifies that when the OIG receives a ■ 3. Amend § 81.6 by revising paragraph process requests for its records. request for records that originated in (g) to read as follows: However, when the OIG receives a GAO, the OIG will refer the requester to request for records that originated in § 81.6 Records which may be exempt from ethrower on DSK3G9T082PROD with RULES GAO. The final rule otherwise does not GAO, the OIG will refer the requester to disclosure. differ substantively from the proposed GAO. These revisions provide that with rule. * * * * * respect to any request for OIG records, (g) Records compiled for law other than records that originated in List of Subjects in 4 CFR Part 81 enforcement purposes that originate in GAO, throughout this part the term Administrative practice and another agency, or records prepared for ‘‘Counsel to the Inspector General’’ procedure, Archives and records, referral to and/or provided by GAO or VerDate Sep<11>2014 16:22 Nov 07, 2017 Jkt 244001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\08NOR1.SGM 08NOR1

51754 Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Rules and Regulations the OIG to another agency for law institutions that report deposit data percent of the increase in total enforcement purposes. quarterly, this maintenance period reservable liabilities of all depository * * * * * corresponds to the seven-day institutions over the one-year period computation period that begins that ends on the June 30 prior to the Dated: November 3, 2017. December 19, 2017. The new values of adjustment. Susan A. Poling, the nonexempt deposit cutoff level, the Total reservable liabilities of all General Counsel, Government Accountability reserve requirement exemption amount, depository institutions increased by 3.9 Office. and the reduced reporting limit will be percent, from $7,531 billion to $7,821 [FR Doc. 2017–24340 Filed 11–7–17; 8:45 am] used to determine the frequency at billion, between June 30, 2016, and June BILLING CODE 1610–02–P which a depository institution submits 30, 2017. Accordingly, the Board is deposit reports effective in either June amending Regulation D to set the or September 2018. reserve requirement exemption amount FEDERAL RESERVE SYSTEM FOR FURTHER INFORMATION CONTACT: for 2018 at $16.0 million, an increase of Clinton N. Chen, Senior Attorney (202– $0.5 million from its level in 2017.1 12 CFR Part 204 Pursuant to Section 19(b)(2) of the Act 452–3952), Legal Division, or Kristen R. (12 U.S.C. 461(b)(2)), transaction Regulation D; Docket No. OP–1582; Payne, Financial Analyst (202–452– account balances maintained at each Reserve Requirements of Depository 2872), Division of Monetary Affairs; for depository institution over the reserve Institutions users of Telecommunications Device for requirement exemption amount and up the Deaf (TDD) only, contact (202/263– AGENCY: Board of Governors of the to a certain amount, known as the low 4869); Board of Governors of the Federal Federal Reserve System. reserve tranche, are subject to a three Reserve System, 20th and C Streets percent reserve requirement. ACTION: Final rule. NW., Washington, DC 20551. Transaction account balances over the SUPPLEMENTARY INFORMATION: Section low reserve tranche are subject to a ten SUMMARY: The Board is amending 19(b)(2) of the Federal Reserve Act (12 Regulation D, Reserve Requirements of percent reserve requirement. Section U.S.C. 461(b)(2)) requires each 19(b)(2) also provides that, before Depository Institutions, to reflect the depository institution to maintain annual indexing of the reserve December 31 of each year, the Board reserves against its transaction accounts shall issue a regulation adjusting the requirement exemption amount and the and nonpersonal time deposits, as low reserve tranche for 2018. The low reserve tranche for the next prescribed by Board regulations, for the calendar year. The Act requires the Regulation D amendments set the purpose of implementing monetary amount of total reservable liabilities of adjustment in the low reserve tranche to policy. Section 11(a)(2) of the Federal be 80 percent of the percentage increase each depository institution that is Reserve Act (12 U.S.C. 248(a)(2)) or decrease in total transaction accounts subject to a zero percent reserve authorizes the Board to require reports of all depository institutions over the requirement in 2018 at $16.0 million of liabilities and assets from depository one-year period that ends on the June 30 (up from $15.5 million in 2017). This institutions to enable the Board to prior to the adjustment. amount is known as the reserve conduct monetary policy. The Board’s Net transaction accounts of all requirement exemption amount. The actions with respect to each of these depository institutions increased 7.8 Regulation D amendments also set the provisions are discussed in turn below. percent, from $2,200 billion to $2,372 amount of net transaction accounts at billion, between June 30, 2016, and June each depository institution (over the I. Reserve Requirements 30, 2017. Accordingly, the Board is reserve requirement exemption amount) Pursuant to section 19(b) of the amending Regulation D to set the low that is subject to a three percent reserve Federal Reserve Act (Act), transaction reserve tranche for net transaction requirement in 2018 at $122.3 million account balances maintained at each accounts for 2018 at $122.3 million, an (up from $115.1 million in 2017). This depository institution are subject to increase of $7.2 million from 2017. amount is known as the low reserve reserve requirement ratios of zero, three, The new low reserve tranche and tranche. The adjustments to both of or ten percent. Section 19(b)(11)(A) of reserve requirement exemption amount these amounts are derived using the Act (12 U.S.C. 461(b)(11)(A)) will be effective for all depository statutory formulas specified in the provides that a zero percent reserve institutions for the fourteen-day reserve Federal Reserve Act. requirement shall apply at each maintenance period beginning The Board is also announcing changes depository institution to total reservable Thursday, January 18, 2018. For in two other amounts, the nonexempt liabilities that do not exceed a certain depository institutions that report deposit cutoff level and the reduced amount, known as the reserve deposit data weekly, this maintenance reporting limit, that are used to requirement exemption amount. period corresponds to the fourteen-day determine the frequency at which Section 19(b)(11)(B) provides that, computation period that begins depository institutions must submit before December 31 of each year, the December 19, 2017. For depository deposit reports. Board shall issue a regulation adjusting institutions that report deposit data DATES: the reserve requirement exemption quarterly, this maintenance period Effective Date: December 8, 2017. amount for the next calendar year if corresponds to the seven-day Compliance Dates: The new low total reservable liabilities held at all computation period that begins reserve tranche and reserve requirement depository institutions increase from December 19, 2017. exemption amount will apply to the one year to the next. No adjustment is II. Deposit Reports fourteen-day reserve maintenance made to the reserve requirement ethrower on DSK3G9T082PROD with RULES period that begins January 18, 2018. For exemption amount if total reservable Section 11(b)(2) of the Federal depository institutions that report liabilities held at all depository Reserve Act authorizes the Board to deposit data weekly, this maintenance institutions should decrease during the 1 Consistent with Board practice, the low reserve period corresponds to the fourteen-day applicable time period. The Act requires tranche and reserve requirement exemption computation period that begins the percentage increase in the reserve amounts have been rounded to the nearest $0.1 December 19, 2017. For depository requirement exemption amount to be 80 million. VerDate Sep<11>2014 16:22 Nov 07, 2017 Jkt 244001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\08NOR1.SGM 08NOR1


Document Created: 2017-11-08 01:20:16
Document Modified: 2017-11-08 01:20:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective as of December 8, 2017.
ContactJohn A. Bielec, Assistant General Counsel, [email protected]
FR Citation82 FR 51753 
CFR AssociatedAdministrative Practice and Procedure; Archives and Records; Freedom of Information and Requests for Records
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