for documents which are requested by Subpart 105-60.4-Identifiable
mail or telephone, the requirement for
advance payment may be waived, and

Records the inquirer may be requested to make $ 105–60.401 General. later reimbursement.

Except with respect to the records made (e) Fees. The fee to be charged will available pursuant to Subparts 105–60.2 be fair and equitable, taking into ac- and 105–60.3, identifiable records recount the cost to the Government, value quested in accordance with $ 105-60.402, to the recipient, the public policy or interest served,

or in accordance with $ 105–61.101 or and other pertinent

§ 105–61.104, will be made promptly factors. (For further discussion of this

available to any person by GSA, unless matter, see the so-called “User Statute,” nondisclosure is invoked pursuant to section 501, 65 Stat. 290, August 31, 1951

§ 105-60.105-2. While the burden of iden(5 U.S.C. 140 (1964 ed.)), and Bureau tification rests with the person seeking of the Budget Circular A-25, September 23, 1959.)

the record, GSA will assist to the extent

practicable in this regard. Where it is $ 105-60.304 Deletion of identifying de

believed that records requested may be tails.

involved in litigation or other judicial To the extent required to prevent a

process in which the United States is a clearly unwarranted invasion of per

party, the procedures set forth under sonal privacy, GSA may delete identi

§ 105-60.109 shall be followed. fying details when making available or

[33 F.R. 4884, Mar. 22, 1968] publishing an opinion, statement of $ 105-60.402 Procedures for making policy, interpretation, or staff manual

records available. or instruction. However, the justification for each deletion will be explained fully

This section sets forth initial proin writing, and will require the concur

cedures for making identifiable records rence of appropriate legal counsel. A

available when requested. These pro

cedures do not copy of the justification will be attached

ply to records that have to the material containing the deletion

been transferred to the National Archives and a copy will also be furnished to the

and Records Service in accordance with appropriate Regional Director of Busi

the Federal Records Act of 1950 (44 ness Affairs and the Director of Informa

U.S.C. 392–401), which include "artion (Washington, D.C.).

chives” and “FRC records" (as defined

in $$ 105–61.001-2 and 105–61.001–3). § 105-60.305 Index.

The initial procedures on availability of The index described in § 105-60.302(b)

such records are governed by Part 105–61 will be maintained by GSA in the appro

(see $$ 105–61.101 and 105–61.104). priate reading rooms and made available

[33 F.R. 4884, Mar. 22, 1968] for public inspection and copying. The § 105–60.402-1 Submission of requests index will provide current identifying in

for identifiable records. formation for the public as to any matter (see § 105-60.302) which is issued,

(a) With respect to identifiable recadopted, or promulgated by GSA and

ords located in the GSA Central Office, required to be made available or pub

requests shall be submitted, in writing or lished under 5 U.S.C. 552(a) (2). The

in person, to the Director of Information, index will include all current materials

Office of the Administrator, General in the reading room regardless of the

Services Administration, Washington, effective date of the materials.

D.C. 20405. With respect to identifiable

records located in the GSA regional § 105-60.306 Effect of failure to make

offices, requests shall be submitted to the informational materials available.

Regional Director of Business Affairs for Materials available pursuant to § 105–

the particular region involved at the 60.302 that affect a member of the pub

address listed in § 105-60.303(a). lic may be relied upon, used, or cited as

(b) When the requester does not know precedent by GSA against any private

which GSA office has custody of an idenparty only if (a) they have been indexed

tifiable record, he may address his reand either made available or published

quest to the Regional Director of as required by 5 U.S.C. 552(a) (2), or (b)

Business Affairs for the region conventhe private party has actual and timely

ient to him, or to the Director of Infor

mation (Washington, D.C.). Where & notice of their terms.

request is made of a Regional Director of

Business Affairs for a record not in the (b) To assure uniformity of determicustody of that regional office, the re- nations in this regard, the Director of quester should be informed of the loca- Information for the Central Office and tion of the record and that, at his each Regional Director of Business Afpreference, either the record will be fairs for denials made by his region shall requested for him or he may directly retain a copy of all denial replies. Copies request it from the holding office.

of all regional denials shall be sent to (32 F.R. 9564, July 1, 1967, as amended at the Director of Information, Washing33 F.R. 4884, Mar. 22, 1968]

ton, D.C., who shall maintain a GSA-wide

file of such actions. § 105-60.402–2 Review of requests.

§ 105–60.404 Appeal within agency of The Director of Information for the

denial. Central Office, Washington, D.C., or the Regional Director of Business Affairs (a) After notification that his request for a regional office, or his designee, will for identifiable records has been denied, forward a request for an identifiable the person submitting the request may record to the cognizant GSA office hav- appeal the denial. The appeal shall be ing custody thereof. The request will be submitted to the Director of Informareviewed in the cognizant office and by tion, Washington, D.C., with respect to appropriate legal counsel in the light a Central Office matter or to the Reof the requirements of 5 U.S.C. 552, the gional Director of Business Affairs with guidelines issued by the Department of respect to a regional matter. The Justice (Attorney General's Memoran- Regional Director of Business Affairs dum on the Public Information Section will promptly forward the appeal to the of the Administrative Procedure Act), as Director of Information who will, as also well as this Part 105–60.

in the case of appeals concerning Cen

tral Office records, submit the matter for $ 105–60.402–3 Approval of requests ;

consideration by the Head of the GSA inspection of records.

Service or Staff Office concerned with When a request is approved, records the particular records, in consultation will be promptly made available. They with appropriate Central Office legal may be inspected at the reading rooms, counsel. The appeal file will consist of as provided in § 105–60.303, or at such

a copy or description (if oral) of the other places as the Director of Informa

initial request and a copy of the reasons tion or the Regional Director of Business for denial furnished the person submitAffairs, as the case may be, shall

ting the request. prescribe.

(b) Where the Head of the GSA § 105–60.40244 Reproduction services.

Service or

Staff Office recommends Reasonable reproduction services will

granting the appeal and the Director of be available for the copying of records

Information concurs, the Director will which have been approved for inspection

arrange for appropriate disclosure of the

records.
at appropriate fees in accordance with
§ 105-60.303(d) (3) and (e). However, in

(c) If the denial is sustained, the suitable circumstances, a member of the

matter will be submitted promptly by public may be authorized to copy records

the Director of Information to the Ashimself, under such procedures as the

sistant Administrator for AdministraDirector of Information or the Regional

tion whose ruling thereon will be Director of Business Affairs, as the case

furnished in writing to the person remay be, may determine.

questing the records. $ 105-60.403 Denial of request for

§ 105-60.405 Judicial relief available to identifiable records.

the public. (a) If a request is denied, the person

A person whose request for identifisubmitting the request shall be promptly

able records has been so denied by the advised and furnished the specific rea

Assistant Administrator for Administrasons therefor in writing. The denial reply

tion may file a complaint, as authorized will (1) briefly describe the record re

by 5 U.S.C. 552(a) (3), in a district court quested, (2) state the legal basis for

of the United States in the district in nondisclosure (see subpart 105-60.6),

which the complainant resides, or has and (3) except in cases where the public

his principal place of business, or in interest so requires, specify the compel- which the agency records are situated. ling reasons justifying the denial. In such cases, the court will determine

the matter de novo and the burden will
be on GSA to sustain its action of denial.
The court may enjoin GSA from with-
holding agency records and order the
production of any records improperly
withheld from the complainant.
Subpart 105–60.5—Agency

Proceedings
$ 105–60.501 Agency proceedings.

A record shall be kept of the final votes of each member in every GSA agency proceeding (as defined in 5 U.S.C. 551(12)) and such record shall be maintained and be available for public inspection in the appropriate reading room listed under $ 105-60.303(a). (For rules and procedures of the GSA Board of Contract Appeals, see 41 CFR 5–60.)

Subpart 105-60.6—Exemptions § 105–60.601 General.

(a) The exemptions enumerated in 5 U.S.C. 552(b), under which the provisions for availability of records and informational materials will not apply, are general in nature. GSA will decide each case on its merits, in accordance with the liberal policy of 5 U.S.C. 552, the GSA policy expressed in § 105–60.105– 2, and the guidelines issued by the Department of Justice (Attorney General's Memorandum on the Public Information Section of the Administrative Procedure Act).

(b) Formulae, designs, patents, drawings, and other records of intrinsic financial value to the Government, which value would be impaired or destroyed by disclosure, will not be available for inspection or copying. $ 105–60.602 Categories of records ex

empt under 5 U.S.C. 552 from dis

closure. 5 U.S.C. 552(b) provides that the requirements of the statute do not apply to matters that are:

(a) Specifically required by Executive order to be kept secret in the interest of the national defense or foreign policy.

(b) Related solely to the internal personnel rules and practices of an agency.

(c) Specifically exempted from disclosure by statute (see § 105-60.604).

(d) Trade secrets and commercial or financial information obtained from a person and privileged or confidential.

(e) Interagency or intraagency memorandums or letters which would not be available by law to a private party in litigation with the agency.

(f) Personnel and medical files and similar files the disclosure of which, would constitute a clearly unwarranted invasion of personal privacy.

(g) Investigatory files compiled for law enforcement purposes except to the extent available by law to a private party.

(h) Contained in or related to exami-
nation, operating, or condition reports
prepared by, on behalf of, or for the use
of an agency responsible for the regula-
tion or supervision of financial institu-
tions.

(i) Geological and geophysical in-
formation and data, including maps,
concerning wells.
§ 105–60.603 Executive privilege ex-

emption.
On signing Public Law 89-487, the
President stated “Moreover, this bill in
no way impairs the President's power
under our Constitution to provide for
confidentiality when the national interest
so requires” (2 Weekly Compilation of
Presidential Documents 895, July 11,
1966). Where application of the execu-
tive privilege exemption is desired, the
matter shall be forwarded to the Admin-
istrator for consideration. If the request
for information is Congressional, only the
President may invoke the exemption.
Presidential approval is not necessarily
required where the request for informa-
tion is in connection with judicial or
adjudicatory proceedings or otherwise. In
connection with judicial proceedings, the
response shall be coordinated with the
Department of Justice.
(33 F.R. 4884, Mar. 22, 1968]
$ 105–60.604 Other statutory exemp.

tions.
(a) 5 U.S.C. 552(b) (3) provides that
the statute does not apply to matters
that are specifically exempted from dis-
closure by other statutes. (For further
discussion of this matter, see the Attor-
ney General's Memorandum on the Pub-
lic Information Section of the Adminis-
trative Procedure Act (June 1967), pages
31 and 32.)

(b) The following are illustrative of
such statutes, but are not all inclusive:

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ilege

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t's per