Box 5, Folder 6, Document 16

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Box 5, Folder 6, Document 16

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Reprinted from Federal Register-32 F .R. 9660-62
July 4, 1967
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-Pi,rpose and Policy
Sec.
15.1
15.2
15.3
Definitions.
Purpose.
Statement of Policy.
Subpart S---Production and Disclosure of Records
15.11 Publication in the FEDERAL REGISTER.
15.12 Materials not published ln the FEDERAL
REGISTER.
15.13 Identifia ble records produced upon
request.
15.14 Sche dule of fees.
15.21
Subpart C-Exemplions
E xemptions authorized by 5 U.S.C.
552.
Subpart D-Where Records May Be Inspected and
Information Obtained
15.31 Information centers.
15.32 Informa tion officers.
15.33 Material ln Department Central Information Center.
Subpart E-Procedure for Requesting Access to
Records
15.41 Requests for records.
Subpart !---Disclosure of Records and Refusal To
Disclose
15.51
16.52
Authority to release records or copies.
Authority to deny requests for records.
Subpart G--Administrative Review of Denials of
Requests for Records
15.61
Administrative review.
AUTHORITY: The provisions of this Part
16 are issued under 5 U.S.C. 552 and sec. 7(d),
79 Stat. 670; 42 U.S.C. 3535(d).
Subpart A-Purpose and Policy
§ 15.l 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 Public Law 90-23 repealed and
superseded "Pubttc- Law 89---487; 80 Stat.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 Department of Housing and Urban Development which consists of the Office of the
Secretary and the several organizational
units.
(c) "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 F'-ederal Housing Adminis-
tration (FHA) and the Federal National
Mortgage Association (FNMA) . Organizational unit also includes Department
Regional Offices and local FHA and
FNMA offices.
(e) "Person" means "person" as defined in 5 U.S.C. 551(2) to include corpora,tions 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 records concerning the Department's operations and business.
§ 15.2
§ 15.12
Materials not. published in Fecleral Register.
Purpose.
This part contains the rules and regulations 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
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 FEDER/IL REGISTER and
not so published. For purposes of this
§ 15.11 , matter which is r easonably available to the class of persons affected thereby 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.
Statement of policy.
The Department's policy is one of full
and responsible disclosure of Its identifiable records and information consistent
with such competing public interests
concerning the national security, personal privacy, and obligations of confidentiality as are recognized by 5 U.S .C.
552. Every effort will be made to -furnish service with reasonable promptness
to the public with respect to the obtaining 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 FEDERAL
REGISTER 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 decisions;(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 infonnal procedures available;
<c) Rules of procedure, descriptions of
forms available or the places at which
forms may be obtained, and i.Jl.structions
as to the scope and contents of all papers,
reports, or examinations;
(d) Substantive rules of general applicability adopted as authorized by law,
and statements of general policy or interpretations of general applicability
formulated and adopted by the Department; and
(e) Each amendment. revision, or
repeal of the foregoing .
(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 concurring a,nd dissenting opinions, as well as
orders, made in the adjudication of
cases;
(2) Statements of policy and interpretations 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.
Cb) To prevent a clearly unwarranted
invasion of personal privacy, the Department may delete identifying details ~hen
it makes available or publishes any
material. Whenever such deletions are
required, the record or copy will be made
available with the space formerly occupied by such identifying details left
blank, and the justification for the deletion shall be explained fully in writing.
Cc) 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
records
produced
Requests for records and copies may be
m a de 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 fo r a record or copy
thereof should identify the record specifically with respect to names, dates, subject matter, and location, 1f known. The
Department will hotify any person making a request if further identifying information 1s needed before his request
can l>e J:wllQfed.
(bJ Charges will be made in accordance 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, reproducing, certifying, or authenticating~opies
�of documents furni~ed.
(c) When a request is made for an
identifiable record of the Department
which has been stored in the Na tiona l
Archives or other record centers of the
General Services Administration, such
record will be requested by the Department if it otherwise would be a vaila ble
under this part.
(d) Every effort will be made to make
a record in use by the staff of the Department available when requested, and such
availability will be deferred only to the
extent necessary to avoid serious interference wit h the business of the Department.
(e) Copies of a requested record need
not be furnished if the record is published in the FEDERAL REGISTER or is
availa ble for purchase from the Superintendent of Documents of the Government 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 furnishing of copies of records under 5 U.S.C.
552, and pursuant to the policy established 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 m a n-hour on any single request :
no fee.
(2) E ach additional man-hour or fraction
ther eof: $5.
(b ) Copies of documents:
(1) X erox or equiva lent, page s ize up to
8 ½ inches by 14 inches, per p a ge : $0.25.
(2) Photostat, page size up to 8 ½ inches by
14 inches, per page : $1.
(c ) If charge is less than $1.00 per
order : no fee.
(d ) Maximum number of copies furnished of any record : 10.
(e) Certifica tion of true copies, each :
$ 1.
(f ) Attestation under the seal of the
Department or of FNMA, as the case may
be, each : $2.
(g) P ayment 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 F ederal Housing Administ ration and the Federal National Mortgage Associa tion , drafra
should be ma de payable to those organizational units. Postaire stamps will not
be accepted.
Subpart C-Exe mptions
§ 15.21
Exemptions
u.s.c. 552.
authorized
by 5
A requested record shall not be withheld from inspection or copying unless
it bot h (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 described 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 exempt ed from disclosure by 5
U.S.C. 552 are those which concern matters that are :
0 ) 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 personnel rules and practices of the Department;
(3) Specifically exempted from disclosure by statute;
(4) Trade secrets and commercial or
financial information obtained from a
person and privileged or confidential;
(5) Interagency or intra-agency memorandums or letters which would not be
available by law to a party other than an
agency in litigation with the Department;
(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 examination, 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 information and data, including maps, concerning wells.
Subpart D-Where Records May Be
Inspected and Obtained
§ 15.31
Information centers.
(a) The Depar tment maintains a
Centra l Information Center in Washington, D.C., at the following location:
D ep artment of Housing and Urban Development, 1626 K Street NW. (Room 102 ) ,
Washington, D .C. 20410.
(b) The Department also maintains
an informa tion center(1) In each of its Regional Offices as
follows :
R egion 1- 346 Br oa d way, New York. N.Y .
10013.
R egion II- Widener Building, 1339 Chestnut
Street , Philadelphia, Pa. 19107.
Region III-Peachtr ee-Seventh Building , At l a nta, G a. 30323.
R egion IV--360 Nor th Michigan Avenue,
Chicago, DI. 60601.
R egion V-Fed e ra l Office Bu!lding. _819 T aylor
S t reet, Fort Wor t h, Tex. 76102.
Region VI--450 G olden G a t e Avenu e, P ost
Office Box 36003, San Francisco, C al!f .
94 102; Northwest Operations Office, First
Avenue, Seattle, Wash. 98104.
R egion VII- Ponce De Leon a nd Bol!va, Post
Office Box 3869, GPO, San Juan, P .R. 00936.
(2) In each FNMA Agency Office as
follows :
2 11 South Broad Street, Ph!ladelph!a, Pa.
19107.
34 Peachtree Street NE., Atlanta, Ga. 30303.
1112 Commonwealth Edison B uilding, 72
West Ad ams S treet, Chicago, Ill. 60603 .
411 North Akard S treet, Dallas, T ex. 76201.
3840 Wilshire Boul evard, 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 a.n information officer
in each of the information centers described in§ 15.31 who.sha.11 be responsible
for m aking 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 Director, Division of Public Affairs. The information 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) FEDERAL REGISTER, Code of Federal
Regulations, and regu_Iations of the Department contained therein;
<2) Precedent final opinions and orders 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.
Cb) Each Regional Office information
center, each FHA Local Insuring Office,
and each FNMA Agency ·Office shall contain or shall have ready access to such
of the above records as pertain to the
activities of that office.
(c) Fa<:ilities 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 information centers.
(b) A request should specify the requested record by brief description, containing the name, number or date as
applicable, in enough detail that the
record ca n be identified and located. A
reasonable time should be allowed for
records to be loca ted, copied, and m ailed
or otherwise delivered.
(c) Th e request should be accompanied by the fee or an offer to pay the fee
when determined.
(d) Copies of ava ilable records shall
be produced as promptly as possible.
Copying service shall be llmlted to not
more than 10 copies, of any single .p age.
Records wh ich are published or availa ble
f or sale n eed not be supplied.
Subpart F-Disclosure of Records and
Refusal To Disclose
§ IS.SI
Authority to release records or
copies.
The head of each organizational unit
or the designee of each of t hese officers,
wit h respect to records pertaining to programs or activities for which each has
primary responsibilit y, is authorized to
release any Department record or copy
t hereof when disclosure ls clearly appropriate under this part. Such authorized
persons may release records for which
another officer has_primary respoiisibWty
�only with the consent of the other officer
or his designee.
§ 15.52 Authority to deny requests for
records.
thereafter may not be made available except with the express authorization of
the Secretary or his designee.
Subpart G-Administrative Review of
Denials of Requests for Records
The officers and their designees described in the preceding § 15.51 may deny
§
15.61
Administrative review.
a request for a record. Any denial shall
be promptly made in writing and con(a) Review shall be available only
tain .a simple statement of reasons for from a written denial of a request for
the denial. Prior to a denial, the officer a record issued under § 15.52, and only
or designee shall clear the matter with if a written request for review is filed
the Office of General Counsel or the office within 30 days after issuance of the writof the appropriate Regional Counsel or, ten denial. The filing of a request for rein the case of an officer or designee in view may be accomplished by mailing to
any FNMA office, with the Office of the the Secretary of Housing and Urban DeGeneral Counsel, FNMA, or the app_ro- velopment, 1626 K Street NW. (Room
priate FNMA Agency Counsel. Denial 600), Washington, D.C. 20410, a copy of
shall terminate the authority of the par- the request if in writing, a copy of the
ticular officer or designee to release or written denial issued under § 15.52, and
disclose the requested record, which
a statement of the circumstances, reasons, 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 communicated 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 effective as of July 4, 1967.
ROBERT
C. WEAVER,
Secretary of Housing and
Urban Development.

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