on such other forms need no longer be executed. However, the elimination of this requirement does not dispense with the necessity for the specific certification of facts required by certain contracts.

(b) The omission of the certificate from bills or invoices submitted for payment to Government agencies does not in any manner lessen the responsibility of contractors and vendors in complying with all statutory requirements applicable to transactions with the Government, nor will it be construed as mitigating their liability for asserting false, fictitious, or fraudulent claims against the United States, penalties for which are set forth in 18 U.S.C. 287.

(Sec. 311, 42 Stat. 24, as amended, sec. 309, 42 Stat. 25; 31 U.S.C. 52, 49) [22 F.R. 10906, Dec. 28, 1957]

§ 81.1

Purpose and scope of part.

This part implements the policy of making the fullest possible public disclosure of General Accounting Office records consistent with the functions and duties of the Office and its responsibilities as an agency of the Congress. Althought the adopted policy and this part reflect the public information section of the Administrative Procedure Act (5 U.S.C. 552), the application of the Administrative Procedure Act to the General Accounting Office is not to be inferred; nor should this part be considered as conferring on any member of the public a right under that Act of access to or information from the records of the General Accounting Office. Nothing herein shall be considered to modify existing instructions and practices in the handling of congressional correspondence.

§ 81.2 Administration.

The effective administration of this part shall be the duty and responsibility of the Director, Office of Administrative Services, General Accounting Office, and to that end he shall promulgate such supplemental rules or regulations as may be necessary.

particular records sought, such as date, subject matter, agency, or person involved, etc., which will permit its location.

(b) The term "records" includes all books, papers, manuals, maps, photographs, reports, and other documentary materials, regardless of physical form or characteristics, made or received by, or under the control of, the General Accounting Office in pursuance of law or in connection with the transaction of public business. In the context of a request for a record or records, the term "records" refers only to records in being and in the possession or under the control of the General Accounting Office. It does not include the compiling or procuring of a record. Nor does it include library or museum material made or acquired and preserved solely for reference or exhibition purposes, extra copies of documents preserved only for convenience of reference, or stocks of publications or of processed documents.

(c) "Records available to the public" means records which may be examined or copied, or of which copies may be obtained in accordance with this part by the public or representatives of the press regardless of interest and without specific justification.

(d) "Disclose" or "disclosure" means making available for examination or copying or furnishing a copy.

(e) "Person" includes an individual, partnership, corporation, association, or public or private organization other than a Federal agency.

§ 81.4

Requests for identifiable records. (a) A request of a member of the public for an opportunity to inspect or for a copy of an identifiable record of the General Accounting Office not customarily made available in furtherance of a primary function of the General Accounting Office, nor available in the public reading facility described hereafter in § 81.5, should be submitted in writing on GAO Form 339, Request for Access to Official Record, and forwarded to the Records Management and Services Officer, Office of Administrative Services, General Accounting Office, Washington, D.C. 20548, who will promptly acknowledge and record the request.

(b) The Records Management and Services Officer, after consultation with any division or office of the General Accounting Office (or other Government agency where appropriate) having a continuing substantial interest in the record requested, will promptly honor the request if no valid objection or doubt exists as to the propriety of such action and the requester is willing and able to pay the prescribe fees for locating the record and making it available for inspection and copying or being furnished a copy.

(c) In the event of an objection or doubt as to the propriety of honoring a request, the matter should be immediately referred, with an explanation, to the General Counsel. If the General Counsel is of the opinion that a valid basis exists for withholding the record, the Records Management and Services Officer shall deny the request; if otherwise, he shall grant the request.

(d) A person whose request is denied shall be informed that further consideration of his request may be obtained by a letter to the Comptroller General of the United States setting forth the basis for the belief that the denial of the request was unwarranted.

(e) If a Federal agency other than the General Accounting Office has the primary interest in a record, a request for the record shall be transferred to the agency with the primary interest, and the requester notified of that action. § 81.5 Public reading facility.

(a) A public reading facility shall be maintained by the General Accounting Office at 441 G Street NW., Washington, D.C., for the public inspection and copying of General Accounting Office final decisions, opinions, statements of policy, and instructions (including staff manuals) which may be relied upon, used, or cited as authority or precedent in the determination of rights, privileges, and obligations of members of the public. The facility, under the immediate supervision of the Chief, Legal Reference Services, Office of the General Counsel, shall be open to the public from 9 a.m. to 5 p.m. except Saturdays, Sundays, and holidays.

(b) The materials to be available in the public reading facility shall be selected by the General Counsel after consultation with the heads of the divisions or offices which may be concerned.

(c) To the extent required to prevent a clearly unwarranted invasion of personal privacy, the Chief of Legal Reference Services shall delete identifying details from materials made available in the public reading facility. The justification for any such deletion shall be fully explained in writing.

(d) There shall be maintained in the public reading facility for public use a current index of materials issued, adopted, or promulgated after July 4, 1967, and available in the reading facility for public inspection and copying.

§ 81.6 Records which may be exempt from disclosure.

(a) The public disclosure of General Accounting Office records contemplated by this part shall not apply to records, or parts thereof, within any of the categories enumerated below, except in the situation where, in the judgment of the General Counsel after consultation with the heads of the divisions or offices concerned, a significant purpose would not be served by withholding the record under the exemption.

(1) Records specifically required by Executive order to be kept secret in the interest of the national defense or foreign policy. An example of this category is a record classified under Executive Order 10501 (3 CFR, 1949-1953 Comp., p. 979), Safeguarding Official Information in the Interests of the Defense of the United States.

(2) Records related solely to the internal personnel rules and practices of any agency. This category includes, in addition to internal matters of personnel administration, internal rules, and practices which cannot be disclosed without prejudice to the effective performance of an agency function. Examples of matters within the purview of this exemption are operating rules, guidelines, and manuals of procedure for auditors, investigators, or examiners.

(3) Records specifically exempted from disclosure by statute. One of the many statutes restricting access to Government records is 18 U.S.C. 1905. For a general, but not exhaustive, compilation of relevant statutory provisions, see Federal States on the Availability of Information, Committee Print, House Committee on Government Operations, 86th Congress, 2nd session, March 1960.

(4) Records containing trade secrets and commercial or financial information obtained from any person and privileged or confidential. This exemption pertains to information which would not customarily be made public by the person from whom it was obtained by the Government. It includes, but is not limited to, business sales statistics, inventories, customer lists, scientific or manufacturing processes or developments; information customarily subject to protection as privileged in a court or other proceeding, such as information protected by the doctor-patient, lawyer-client, or lenderborrower privilege; information submitted by any person to the Government in confidence or where the Government has obligated itself not to disclose information it received; formulae, designs, drawings, research data, and other records developed by or for the Government which are significant as items of valuable property.

(5) Records containing interagency or intraagency memorandums or letters which would not be available by law to a private party in litigation with the agency. This exemption covers internal communications which would not routinely be available to a party in litigation with the agency, such as internal drafts, workpapers, memorandums between officials or agencies, opinions, and interpretations prepared by agency staff personnel or consultants for the use of the agency, and records of the deliberations of the agency or staff groups. The exemption seeks to avoid the inhibiting of internal communications, and the premature disclosure of documents which would be detrimental to an agency function.

(6) Personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. This exemption excludes from disclosure all personnel and medical files, and all private or personal information contained in other files which, if disclosed to the public, would amount to a clearly unwarranted invasion of the privacy of any person. An example of such other files within the exemption are those compiled to evaluate candidates for security clearance.

(7) Investigatory files compiled for law enforcement purposes except to the extent available by law to a private party. This exemption protects from

disclosure, except to litigants in accordance with law, investigatory files compiled to enforce all kinds of laws and is not limited to files compiled to enforce criminal statutes.

(8) Records having information contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of any agency responsible for the regulation or supervision of financial institutions.

(9) Records containing geological and geophysical information and data (including maps) concerning wells.

(b) In the application of the exemptions set forth in paragraph (a) of this section, there shall be considered the guidelines provided in the Attorney General's Memorandum on the Public Information Section of the Administrative Procedure Act, June 1967.

(a) When a request to examine a record or for a copy of a record is received, the General Accounting Office will comply with the request at a fair and reasonable fee if the record is available to the public. In determining the fair and reasonable fee the General Accounting Office will consider the direct and indirect cost to the Government, including, but not limited to, the cost of staff members' services relating to research, reproduction, assembly, authentication of copies, and mailing. The Office will not undertake to comply with the request until the fees are paid, except when the fees cannot be determined in advance in which case an estimated fee shall be paid with the appropriate adjustment at time of delivery. The following service charges and collections shall be made:

(1) The reproduction charge per page will be:

(i) Copies up to 81⁄2 x 14 inches on office copying machines: 25 cents;

(ii) Photostatic copies up to 9 x 12 inches 50 cents: Copies larger than 9 x 12 inches will be 50 cents for each 9 x 12 inch unit or fraction thereof.

(2) Certification of authenticity will be $2 for each certificate;

(3) Other direct and indirect costs related to the request;

(4) There will be a minimum service charge of $3 for each request;

(5) Fees and charges shall be paid by check or money order payable to the U.S. General Accounting Office.