[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR81.76]



[Page 463-464]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 81_THE SECRETARY OF HUD'S REGULATION OF THE FEDERAL NATIONAL 

MORTGAGE ASSOCIATION (FANNIE MAE) AND THE FEDERAL HOME LOAN MORTGAGE 

CORPORATION (FREDDIE MAC)--Table of Contents

 

                     Subpart F_Access to Information

 

Sec.  81.76  FOIA requests and protection of GSE information.



    (a) General. HUD shall process FOIA requests for information 

submitted to the Secretary by the GSEs in accordance with:

    (1) HUD's FOIA and Privacy Act regulations, 24 CFR parts 15 and 16;

    (2) 12 U.S.C. 4525, 4543, and 4546 and this subpart; and

    (3) Other applicable statutes, regulations, and guidelines, 

including the Trade Secrets Act, 18 U.S.C. 1905, and Executive Order 

12600. In responding to requests for data or information submitted by or 

relating to the GSEs, the Secretary may invoke provisions of these 

authorities to protect data or information from disclosure.

    (b) Protection of confidential business information other than 

mortgage data and AHAR information. When a GSE seeks to protect from 

disclosure confidential business information, the GSE may seek 

protection of such confidential business information pursuant to the 

provisions of HUD's FOIA regulations at 24 CFR part 15, without regard 

to whether or not it is mortgage data or AHAR information.

    (c) Processing of FOIA requests--(1) FOIA Exemption (b)(4). HUD will 

process FOIA requests for confidential business information of the GSEs 

to which FOIA exemption 4 may apply in accordance with 24 CFR part 15, 

and the predisclosure notification procedures of Executive Order 12,600.

    (2) FOIA Exemption (b)(8). Under section 1319F of FHEFSSA, the 

Secretary may invoke FOIA exemption (b)(8) to withhold from the public 

any GSE data or information contained in or related to examination, 

operating, or condition reports prepared by, on behalf of, or for the 

use of HUD. HUD may make data or information available for the 

confidential use of other government agencies in their official duties 

or functions, but all data or information remains the property of HUD 

and any unauthorized use or disclosure of such data or information may 

be subject to the penalties of 18 U.S.C. 641.

    (3) Other FOIA exemptions. Under 24 CFR part 15, the Secretary may 

invoke other exemptions including, without limitation, exemption (b)(6) 

(5 U.S.C. 552(b)(6)), to protect data and information that would 

constitute a clearly unwarranted invasion of personal privacy.

    (d) Protection of information by HUD officers and employees. The 

Secretary will institute all reasonable safeguards to protect data or 

information submitted by or relating to either GSE, including, but not 

limited to, advising all HUD officers and employees having access to 

data or information submitted by or relating to either GSE of the legal 

restrictions against unauthorized disclosure of such data or information 

under the executive branch-wide standards of ethical conduct, 5 CFR part 

2635, and the Trade Secrets Act, 18 U.S.C. 1905. Officers and employees 

shall be advised of the penalties for unauthorized disclosure, ranging 

from disciplinary action under 5 CFR part 2635 to criminal prosecution.

    (e) Protection of information by contractors. (1) In contracts and 

agreements entered into by HUD where contractors have access to data or 

information submitted by or relating to either GSE, HUD shall include 

detailed provisions specifying that:

    (i) Neither the contractor nor any of its officers, employees, 

agents, or subcontractors may release data submitted by or relating to 

either GSE without HUD's authorization; and

    (ii) Unauthorized disclosure may be a basis for:

    (A) Terminating the contract for default;

    (B) Suspending or debarring the contractor; and

    (C) Criminal prosecution of the contractor, its officers, employees, 

agents,



[[Page 464]]



or subcontractors under the Federal Criminal Code.

    (2) Contract provisions shall require safeguards against 

unauthorized disclosure, including training of contractor and 

subcontractor agents and employees, and provide that the contractor will 

indemnify and hold HUD harmless against unauthorized disclosure of data 

or information belonging to the GSEs or HUD.



[60 FR 61888, Dec. 1, 1995, as amended at 65 FR 65089, Oct. 31, 2000]