Box 5, Folder 6, Document 16

MENT 9 Le

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% MMMM F July 4, 1967

73430

Title 24—HOUSING AND HOUSING
CREDIT

Subtitle A—Office of the Secretary,
Department of Housing and Urban
Development

PART 15—PUBLIC INFORMATION

In Subtitle A a new Part 15 is added
as follows:

Subpart A—Purpose and Policy
Sec.
15.1 Definitions.
15.2 Purpose.
15.3 Statement of Policy.

Subpart B—Production and Disclosure of Records

15.11 Publication in the FepErAL REGISTER.

15.12 Materials not published in the Feperat
REGISTER.

Identifiable records produced upon
request.

Schedule of fees.

15,13

15.14

Subpart C—Exemptions

Exemptions authorized by 5 U.S.C.
552.

Subpart D—Where Records May Be Inspected and
Information Obtained

15.31 Information centers.

15.32 Information officers.

15.33 Material in Department Central In-
formation Center.

15.21

Subpart E—Procedure for Requesting Access to
Records

15.41 Bequests for records.
Subpart F—Disclosure of Records ond Refusal To
Disclose

Authority to release records or copies.
Authority to deny requesta for rec-
ords.

15.51
16.52

Subpart G—Administrative Review of Denials of
Requests for Records

15.61 Administrative review.

AuTHoriry: The provisions of this Part
15 are issued under 5 U.S.C. 552 and sec. T(d),
79 Stat. 670; 42 U.S.C, 3535(d).

Subpart A—Purpose and Policy
§ 15.1 Definitions.

As used in this Part— .

(a) “Act” means section 552 of Title
5, United States Code, as amended by
Public Law 90-23, 81 Stat. 54, June 5,
1967. Public Law 90-23 repealed and
superseded Public Law 89-487, 80 Stat.
250, July 4, 1966, sometimes referred to
as the “Freedom of Information Act” or
“Public Information Act.”

(b) “Department” means the Depart-
ment of Housing and Urban Develop-
ment which consists of the Office of the
Secretary and the several organizational
units.

(ec) “Secretary” means the Secretary
of Housing and Urban Development.

(d) “Organizational unit’ means any
one of the several offices, staffs, divisions,
or administrations of the Department,
including the Federal Housing Adminis-

tration (FHA) and the Federal National
Mortgage Association (FNMA). Organi-
zational unit also includes Department
Regional Offices and local FHA and
FNMA offices.

(e) “Person” means “person” as de-
fined in 5 U.S.C. 551(2) to include cor-
porations and organizations as well as
individuals.

(f) “Information center’ means any
place, reading room, desk, or other area
or facility established and maintained
by the Department where the public may
request and obtain information and rec-
ords concerning the Department’s op-
erations and business.

§ 15.2 Purpose.

This part contains the rules and regu-
lations of the Department implementing
5 U.S.C. 552. It informs the public about
where and how the Department's records
and information may be obtained from
its organizational units in Washington,
D.C., and its regional and other local
offices throughout the country.

§ 15.3 Statement of policy.

The Department's policy is one of full
and responsible disclosure of its identi-
flable records and information consistent
with such competing public interests
concerning the national security, per-
sonal privacy, and obligations of confi-
dentiality as are recognized by 5 U.S.C.
552. Every effort will be made to fur-
nish service with reasonable promptness
to the public with respect to the obtain-
ing of records and information.

Subpart B—Production and Disclosure
of Records

§ 15.11 Publication in the Federal Reg-
ister.

Subject to the exemptions in § 15.21,
the Department shall separately state
and currently publish in the FreprraL
Recister for the guidance of the public:

(a) Descriptions of its central and
field organization and the established
places at which, the employees from
whom, and the methods whereby, the
public may obtain information, make
submittals or requests, or obtain de-
cisions;-

(b) Statements of the general course
and method by which its functions are
channeled and determined, including the
nature and requirements of all formal
and informal procedures available;

(¢) Rules of procedure, descriptions of
forms available or the places at which
forms may be obtained, and instructions
as to the scope and contents of all papers,
reports, or examinations;

(d) Substantive rules of general ap-
plicability adopted as authorized by law,
and statements of general policy or inter-
pretations of general applicability
formulated and adopted by the Depart-
ment; and

(e) Each amendment,
repeal of the foregoing.

revision, or

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Reprinted from Federal Register-32 F.R. 9660-62

Except to the extent that a person has
actual and timely notice of the terms
thereof, no person shall in any manner
be required to resort to or be adversely
affected by any matter required to be
published in the FepErRAL RecIsTer and
not so published. For purposes of this
§ 15.11, matter which is reasonably avail-
able to the class of persons affected there-
by shall be deemed published in the
FEDERAL REGISTER when incorporated by
reference therein with the approval of
the Director of the Office of the Federal
Register, as provided in 32 F.R. 7899,
June 1, 1967, 1 CFR Part 20.

§ 15.12 Materials not published in Fed-
eral Register.

(a) Subject to the exemptions in
§ 15.21, the Department, in accordance
with this part, shall make available for
public inspection and copying:

(1) Final opinions, including concur-
ring and dissenting opinions, as well as
orders, made in the adjudication of
cases;

(2) Statements of policy and inter-
pretations which have been adopted by
the Department and are not published in
the FEDERAL REGISTER; and

(3) Administrative staff manuals and
instructions to staff that affect a member
of the public.

(b) To prevent a clearly unwarranted
invasion of personal privacy, the Depart-
ment may delete identifying details when
it makes available or publishes any
material. Whenever such deletions are
required, the record or copy will be made
available with the space formerly oc-
cupied by such identifying details left
blank, and the justification for the dele-
tion shall be explained fully in writing.

(ec) The Department shall maintain
and make available for public inspection
and copying a current index providing
identifying information for the public as
to any matter issued, adopted, or
promulgated after July 4, 1967, and
which is required by this § 15.12 to be
made available or published.

§ 15.13 Identifiable
upon request.

Requests for records and copies may be
made in person during normal business
hours at information centers listed below
in § 15.31 of this part. Requests may also
be made by mail addressed to such
centers.

(a) Each request for a record or copy
thereof should identify the record specif-
ically with respect to names, dates, sub-
ject matter, and location, if known. The
Department will hotify any person mak-
ing a request if further identifying in-
formation is needed before his request
can be honored.

(b) Charges will be made in ac-
cordance with the schedule of fees set
forth in § 15.14 for any records search
which involves more than one man-hour
of work, and for duplicating, reproduc-
ing, certifying, or authenticating copies

records produced


of documents furnished.

(c) When a request is made for an
identifiable record of the Department
which has been stored in the National
Archives or other record centers of the
General Services Administration, such
record will be requested by the Depart-
ment if it otherwise would be available
under this part.

(d) Every effort will be made to make
a record in use by the staff of the Depart-
ment available when requested, and such
availability will be deferred only to the
extent necessary to avoid serious inter-
ference with the business of the Depart-
ment.

(e) Copies of a requested record need
not be furnished if the record is pub-
lished in the FeEepERAL RecIsTerR or is
available for purchase from the Super-
intendent of Documents of the Govern-
ment Printing Office. Such records may,
however, be examined in one of the
Department's information centers.

§ 15.14 Schedule of fees.

For the services listed below performed
in the location and disclosure or furnish-
ing of copies of records under 5 U.S.C.
552, and pursuant to the policy estab-
lished by Congress in 5 U.S.C. (1964 Ed.)
140, Act of August 31, 1951, the following
charges will apply:

(a) Records search:

(1) First man-hour on any single request:
no fee,

(2) Each additional man-hour or fraction
thereof: $5.

(b) Copies of documents:

(1) Xerox or equivalent, page size up to
84 inches by 14 inches, per page: $0.25.

(2) Photostat, page size up to 814 inches by
14 inches, per page: $1.

(c) If charge is less than $1.00 per
order: no fee.

(d) Maximum number of copies fur-
nished of any record: 10.

; (e) Certification of true copies, each:
i

(f) Attestation under the seal of the
Department or of FNMA, as the case may
be, each: $2.

(g) Payment of fees under this § 15.20
shall be made in cash, or by U.S. money
order, or by certified bank check payable
to the Treasurer of the United States
except that, in case of the Federal Hous-
ing Administration and the Federal Na-
tional Mortgage Association, drafts
should be made payable to those organi-
zational units. Postage stamps will not
be accepted.

Subpart C—Exemptions

§ 15.21 Exemptions authorized by 5
U.S.C. 55

=

A requested record shall not be with-
held from inspection or copying unless
it both (1) comes within one of the
classes of records exempted by 5 U.S.C.
552, and (2) there is need in the public
interest to withhold it. In determining
the scope of the classes of records de-
scribed in paragraph (a) of this section,
the Attorney General’s Memorandum on
the Public Information Act, June 1967,
will be used as a guide.

(a) The classes of records authorized
to be exempted from disclosure by 5
U.S.C. 552 are those which concern mat-
ters that are:

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

(2) Related solely to the internal per-
sonnel rules and practices of the De-
partment;

(3) Specifically exempted from disclo-
sure by statute;

(4) Trade secrets and commercial or
financial information obtained from a
person and privileged or confidential;

(5) Interagency or intra-agency mem-
orandumis or letters which would not be
available by law to a party other than an
agency in litigation with the Depart-
ment;

(6) Personnel and medical files and
similar files the disclosure of which
would constitute a clearly unwarranted
invasion of personal privacy;

(7) Investigatory files .compiled for
law enforcement purposes except to the
extent available by law to a party other
than an agency;

(8) Contained in or related to exam-
ination, operating, or condition reports
prepared by, on behalf of, or for the use
of the Department in connection with
its responsibility for the regulation or
supervision of financial institutions; or

(9) Geological and geophysical infor-
mation and data, including maps, con-
cerning wells.

Subpart D—Where Records May Be
Inspected and Obtained

Information centers.

§ 15.31

(a) The Department maintains a
Central Information Center in Washing-
ton, D.C., at the following location:

Department of Housing and Urban Develop-
ment, 1626 K Street NW. (Room 102),
Washington, D.C. 20410,

(b) The Department also maintains
an information center—

(1) In each of its Regional Offices as
follows:

Region I—346 Broadway, New York, N.Y.
10013.

Region Il—Widener Building, 1339 Chestnut
Street, Philadelphia, Pa. 19107.

Region IlI—Peachtree-Seventh Building, At-
lanta, Ga. 30323.

Region IV—360 North Michigan Avenue,
Chicago, Ill. 60601.

Region V—Federal Office Building, 819 Taylor
Street, Fort Worth, Tex. 76102.

Region VI—450 Golden Gate Avenue, Post
Office Box 36003, San Francisco, Calif.
94102; Northwest Operations Office, First
Avenue, Seattle, Wash. 98104.

Region VII—Ponce De Leon and Boliva, Post
Office Box 3869, GPO, San Juan, P.R. 00936.

(2) In each FNMA Agency Office as
follows:

211 South Broad Street, Philadelphia, Pa.
19107.

34 Peachtree Street NE., Atlanta, Ga. 30303.

1112 Commonwealth Edison Building, 72
West Adams Street, Chicago, Ill, 60603.

411 North Akard Street, Dallas, Tex. 75201.

3540 Wilshire Boulevard, Los Angeles, Calif,
90005.

(3) In each FHA Local Insuring Office
at its respective local address as listed
in local telephone directories.

§ 15.32 Information officers.

There shall be an information officer
in each of the information centers de-
scribed in § 15.31 who.shall be responsible

for making information and records
available to the public in accordance
with this part. The information officer
in the Department Central Information
Center shall be designated by the Direc-
tor, Division of Public Affairs. The in-
formation officer in each Regional Office
and field office shall be designated by the
Regional Administrator or the Director
of the office, as the case may be, with the
concurrence of the Director, Division of
Public Affairs.

§ 15.33 Material in Department Central

Information Center.

(a) The Central Information Center
shall contain or have ready access to the
following as a minimum:

(1) Fepera. Recister, Code of Federal
Regulations, and regulations of the De-
partment contained therein;

(2) Precedent final opinions and or-
ders in the adjudication of cases;

(3) Administrative staff manuals
which affect the public;

(4) Program manuals which affect the
public and forms;

(5) Interpretations relied upon as
precedents;

(6) A current index of the foregoing
materials issued, adopted, promulgated
after July 4, 1967.

(b) Each Regional Office information
center, each FHA Local Insuring Office,
and each FNMA Agency Office shall con-
tain or shall have ready access to such
of the above records as pertain to the
activities of that office.

(c) Facilities shall be available to
each information center for the copying
of properly requested and available
records.

Subpart E—Procedures for Requesting
Access to Records

§ 15.41 Requests for records,

(a) Requests for identifiable records
should be made at the established in-
formation centers.

(b) A request should specify the re-
quested record by brief description, con-
taining the name, number or date as
applicable, in enough detail that the
record can be fdentified and located. A
reasonable time should be allowed for
records to be located, copied, and mailed
or otherwise delivered.

(c) The request should be accompa-
nied by the fee or an offer to pay the fee
when determined.

(d) Copies of available records shall
be produced as promptly as possible.
Copying service shall be limited to not
more than 10 copies of any single page.
Records which are published or available
for sale need not be supplied.

Subpart F—Disclosure of Records and
Refusal To Disclose

§ 15.51 Authority to release records or

copies.

The head of each organizational unit
or the designee of each of these officers,
with respect to records pertaining to pro-
grams or activities for which each has
primary responsibility, is authorized to
release any Department record or copy
thereof when disclosure is clearly appro-
priate under this part. Such authorized
persons may release records for which
another officer has primary responsibillty






only with the consent of the other officer
or his designee.

§ 15.52 Authority to deny requests for
records,

The officers and their designees de-
scribed in the preceding § 15.51 may deny
a request for a record. Any denial shall
be promptly made in writing and con-
tain a simple statement of reasons for
the denial. Prior to a denial, the officer
or designee shall clear the matter with
the Office of General Counsel or the office
of the appropriate Regional Counsel or,
in the case of an officer or designee in
any FNMA office, with the Office of the
General Counsel, FNMA, or the appro-
priate FNMA Agency Counsel. Denial
shall terminate the authority of the par-
ticular officer or designee to release or
disclose the requested record, which

thereafter may not be made available ex-
cept with the express authorization of
the Secretary or his designee.

Subpart G—Administrative Review of
Denials of Requests for Records

§ 15.61 Administrative review.

(a) Review shall be available only
from a written denial of a request for
a record issued under § 15.52, and only
if a written request for review is filed
within 30 days after issuance of the writ-
ten denial. The filing of a request for re-
view may be accomplished by mailing to
the Secretary of Housing and Urban De-
velopment, 1626 EK Street NW. (Room
600), Washington, D.C. 20410, a copy of
the request if in writing, a copy of the
written denial issued under § 15.52, and

a statement of the circumstances, rea-
sons, or arguments advanced in support
of disclosure of the original request for
the record. Review will be made promptly
by the Secretary or his designee on the
basis of the written record described in
this § 15.61.

(b) The decision after review will be
in writing, will be promptly communi-
cated to the person requesting review,
and will constitute final action of the
Department on the request, subject to
judicial review as provided in 5 U.S.C.

552(a) (3).

Effective date. This regulation is effec-
tive as of July 4, 1967.

ROBERT C. WEAVER,
Secretary of Housing and
Urban Development.