[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: 24CFR81.77]



[Page 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.  81.77  Requests for GSE information on behalf of Congress, the 

Comptroller General, a subpoena, or other legal process.



    (a) General. With respect to information submitted by or relating to 

the GSEs, nothing in this subpart F may be construed to grant authority 

to the Secretary under FHEFSSA to withhold any information from or to 

prohibit the disclosure of any information to the following persons or 

entities:

    (1) Either House of Congress or, to the extent of matters within its 

jurisdiction, any committee or subcommittee thereof, or any joint 

committee of Congress or subcommittee of any such joint committee;

    (2) The Comptroller General, or any of the Comptroller General's 

authorized representatives, in the course of the performance of the 

duties of the General Accounting Office;

    (3) A court of competent jurisdiction pursuant to a subpoena; or

    (4) As otherwise compelled by law.

    (b) Notice of proprietary or confidential nature of GSE information. 

(1) In releasing data or information in response to a request as set out 

in paragraph (a) of this section, the Secretary will, where applicable, 

include a statement with the data or information to the effect that:

    (i) The GSE regards the data or information as proprietary 

information and/or confidential business information;

    (ii) Public disclosure of the data or information may cause 

competitive harm to the GSE; and

    (iii) The Secretary has determined that the data or information is 

proprietary information and/or confidential business information.

    (2) To the extent practicable, the Secretary will provide notice to 

the GSE after a request from the persons or entities described in 

paragraphs (a)(1)-(4) of this section for proprietary information or 

confidential business information is received and before the data or 

information is provided in response to the request.

    (c) Procedures for requests pursuant to subpoena or other legal 

process. The procedures in 24 CFR 15.71-15.74 shall be followed when a 

subpoena, order, or other demand of a court or other authority is issued 

for the production or disclosure of any GSE data or information that:

    (1) Is contained in HUD's files;

    (2) Relates to material contained in HUD's files; or

    (3) Was acquired by any person while such person was an employee of 

HUD, as a part of the performance of the employee's official duties or 

because of the employee's official status.

    (d) Requests pursuant to subpoena or other legal process not served 

on HUD. If an individual who is not a HUD employee or an entity other 

than HUD is served with a subpoena, order, or other demand of a court or 

authority for the production or disclosure of HUD data or information 

relating to a GSE and such data or information may not be disclosed to 

the public under this subpart or 24 CFR part 15, such individual or 

entity shall comply with 24 CFR 15.71-15.74 as if the individual or 

entity is a HUD employee, including immediately notifying HUD in 

accordance with the procedures set forth in 24 CFR 15.73(a).

    (e) Reservation of additional actions. Nothing in this section 

precludes further action by the Secretary, in his or her discretion, to 

protect data or information submitted by a GSE from unwarranted 

disclosure in appropriate circumstances.