B-196973, MAR 29, 1985

B-196973, MAR 29, 1985

PRECIS-UNAVAILABLE

THE HONORABLE GLENN ENGLISH CHAIRMAN, SUBCOMMITTEE ON GOVERNMENT INFORMATION, JUSTICE, AND AGRICULTURE COMMITTEE ON GOVERNMENT OPERATIONS HOUSE OF REPRESENTATIVES

DEAR MR. CHAIRMAN:

THANK YOU FOR YOUR COMMENTS ON OUR PROPOSED REGULATIONS OF SEPTEMBER 1, 1983, INTENDED TO PROTECT THE PRIVACY OF GAO'S PERSONNEL RECORDS. APPRECIATE YOUR INTEREST AND CONCERN.

WE HAVE TAKEN YOUR THREE SPECIFIC COMMENTS INTO CONSIDERATION AND HAVE MADE THE FOLLOWING REVISIONS.

COMMENT 1: YOU EXPRESS CONCERN THAT SECTION 83.4, WHICH SETS OUT THE BASIC CONDITIONS UNDER WHICH GAO MAY DISCLOSE RECORDS, DOES NOT CONTAIN A CROSS-REFERENCE TO SECTION 83.11 WHICH ALSO CONTAINS RULES GOVERNING THE DISCLOSURE OF INFORMATION. YOU SUGGEST PUTTING ALL THE BASIC PROVISIONS THAT AUTHORIZE DISCLOSURE IN THE SAME SECTION.

REVISION 1: WE RENUMBERED SECTION 83.11 AS SECTION 83.5 SO THAT IT COMES DIRECTLY AFTER SECTION 83.4, AND WE RELABELED IT "SPECIFIC DISCLOSURES OF INFORMATION." ALSO WE CROSS-REFERENCED THIS NEW SECTION 83.5 WITH SUBSECTION 83.4(B) SO THAT ONE OF THE CONDITIONS OF DISCLOSURE WOULD BE THAT THE RECORD IS AUTHORIZED TO BE DISCLOSED PURSUANT TO SECTION 83.5.

COMMENT 2A: YOU POINT OUT THAT SECTION 83.11 (NOW RENUMBERED SECTION 83.5) AUTHORIZES DISCLOSURES TO PROSPECTIVE EMPLOYERS AND LAW ENFORCEMENT OFFICIALS, YET SUBSECTION (A) STATES THAT THE SECTION GOVERNS PUBLIC REQUESTS FOR INFORMATION. YOU SUGGEST THAT DISCLOSURES OF THIS TYPE COULD BE HANDLED VIA ROUTINE USES.

REVISION 2A: WE CHANGED SUBSECTION (A) OF THIS SECTION TO REFER TO RESPONSES TO A MEMBER OF THE PUBLIC, PROSPECTIVE EMPLOYERS, AND LAW ENFORCEMENT OFFICIALS. RATHER THAN SPECIFY SEPARATE DISCLOSURES OF ROUTINE USES, WE PREFER TO SPECIFY THE INFORMATION THAT CAN BE MADE AVAILABLE TO A PROSPECTIVE EMPLOYER AND LAW ENFORCEMENT OFFICER IN THE REGULATION SO THAT OUR DISCLOSURE POLICY WOULD BE CONSISTENT WITH THE DISCLOSURE OF PERSONNEL INFORMATION BY THE OFFICE OF PERSONNEL MANAGEMENT. SEE 5 C.F.R. SEC. 294.702 (1983).

COMMENT 2B: YOU STATE THAT SUBSECTIONS (F) AND (G) OF SECTION 83.11 (NOW RENUMBERED TO 83.5) OVERLAP AND MAY BE INCONSISTENT WITH THE CONDITIONS OF DISCLOSURE SET OUT IN SUBSECTIONS 83.4(G) AND (H) AND (A). YOU ALSO STATE THAT FORMER SUBSECTION (M)(2) OF SECTION 83.11 BELONGS ELSEWHERE.

REVISION 2B: WE AGREE, AND WE HAVE DELETED SUBSECTIONS (F) AND (G). FOR FORMER SUBSECTION 83.11(M)(2), PERTAINING TO MEDICAL INFORMATION, WE HAVE DELETED THIS SUBSECTION SO THAT MEDICAL RECORDS WOULD BE DISCLOSED PURSUANT TO THE CONDITIONS OF DISCLOSURE SET OUT IN SECTION 83.4.

COMMENT 3: YOU SUGGEST THAT SECTION 83.21 CONCERNING "EXEMPTIONS" SHOULD APPLY TO INDIVIDUAL RECORDS RATHER THAN TO SYSTEMS OF RECORDS. YOU ALSO QUESTION THE NEED FOR EXEMPTION 1, CONCERNING INFORMATION EXEMPT FROM PUBLIC DISCLOSURE UNDER GAO REGULATIONS, SINCE THIS SUBJECT IS COVERED IN FORMER SECTION 83.11 (RENUMBERED AS SECTION 83.5). FINALLY, YOU STATE THAT THE EXEMPTION RELATING TO INFORMATION MAINTAINED IN CONNECTION WITH PROTECTION OF THE PRESIDENT SEEMS UNNECESSARY SINCE GAO HAS NO FUNCTIONS IN THIS AREA.

REVISION 3: AS TO YOUR FIRST SUGGESTION, WE AGREE AND, ACCORDINGLY, WE HAVE APPLIED OUR EXEMPTIONS TO INDIVIDUAL RECORDS.

AS FOR THE SPECIFIC EXEMPTIONS CONTAINED IN SECTION 83.21, WE HAVE DELETED THE FIRST EXEMPTION SINCE WE AGREE THAT IT IS COVERED ADEQUATELY IN THE REVISED SECTION 83.5(C)(2).

AS FOR YOUR COMMENT ON THE NECESSITY OF AN EXEMPTION OF RECORDS CONCERNING PROTECTIVE SERVICES TO THE PRESIDENT, WE DO NOT MAINTAIN SYSTEMS OF RECORDS OF THIS SORT THAT WOULD BE COVERED BY OUR REGULATIONS; AND WE DO NOT ANTICIPATE THAT WE WILL IN THE FUTURE. NEVERTHELESS, THIS EXEMPTION IS BASED DIRECTLY ON THE PRIVACY ACT (5 U.S.C. SEC. 552AK)(3)); WE CONSIDER IT PRUDENT TO RETAIN THE EXEMPTION IN CASE A NEED FOR IT MAY ARISE.

THANK YOU AGAIN FOR YOUR INTEREST IN OUR REGULATIONS.