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Privacy Act: [FEDERAL HOUSING FINANCE BOARD]...


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requests by individuals for amendment of records. The Executive 
Secretary shall refer all requests to the appropriate systems manager of 
the designated system of records containing the record to be reviewed, 
for disposition of the request within 10 business days of the referral. 
The systems manager shall promptly review the request and review the 
record for accuracy, relevance, timeliness, completeness or necessity.
  (2) The systems manager will promptly provide to the Executive 
Secretary a recommendation whether the record should be amended and 
shall state any reasons for denying the request in any part.
  (3) The Executive Secretary will promptly notify the requesting 
individual of his decision and reasons for any denial, and describe the 
individual's right to appeal any denial.
  (f) Appeal process. (1) An individual who has been denied a request 
made pursuant to this section may appeal to the Board of Directors, or 
an official designated by the Board of Directors, within 30 business 
days of being notified of the denial pursuant to paragraph (e)(3) of 
this section.
  (2) The appeal shall be in writing, shall be mailed to the Executive 
Secretary, and shall give the reasons why the initial determination 
should be overturned.
  (3) The Board of Directors, or designated official, shall decide the 
appeal within 30 business days of its receipt by the Executive 
Secretary. The Board of Directors or designated official may extend the 
30 day limit for good cause, after giving notice, and the reasons 
therefor, to the individual making the appeal.
  (4) If a decision is made to affirm the initial denial of a request 
for a record by an individual, the Board of Directors or designated 
official shall notify the individual making the appeal of the decision 
and the reason therefor, and shall inform the individual of the right of 
judicial review of the appeal.
  (g) Statements. (1) Within 30 business days after being denied an 
appeal pursuant to paragraph (f) of this section, an individual may 
submit a concise written statement of disagreement setting forth the 
individual's reasons for disagreeing with the Finance Board's refusal to 
amend the record.
  (2) Such statement shall be provided to persons or other agencies or 
entities to whom the record is disclosed.
  (3) The Finance Board may, if deemed appropriate, prepare a concise 
statement of explanation of the reason(s) why the requested amendment or 
correction was not made. Any statement of explanation will be included 
in the system of records in the same manner as the statement of 
disagreement. A copy of the statement of explanation and of the notation 
of the dispute as marked on the original record will be provided to the 
individual who requested correction or amendment of the record.


   Sec. 909.7  Fees.

  The Finance Board, upon a request for records disclosable pursuant to 
these regulations, shall charge a fee of $0.10 per page for duplicating, 
unless:
  (a) The Finance Board determines that it shall grant access to the 
record only by making a copy thereof;
  (b) The total fee will not exceed $2.00; or
  (c) The Finance Board determines, in its sole discretion, that a 
reduction or waiver of the fees is warranted for good cause.


   Sec. 909.8  Penalties.

  Subsection (i)(3) of the Privacy Act of 1974 (5 U.S.C. 552a(i)(3)) 
imposes criminal penalties for obtaining Finance Board records on 
individuals under false pretenses. It provides as follows:

Any person who knowingly and willfully requests or obtains any record 
concerning an individual from an agency under false pretense shall be 
guilty of a misdemeanor and fined not more than $5,000.00.


   Sec. 909.9  Exemptions.

  The following information is exempt from disclosure:
  (a) The Office of Inspector General Investigative Files system of 
records is exempt from all sections of the Privacy Act (5 U.S.C. 552a) 
except the following: (b) relating to conditions of disclosure; (c)(1) 
and (2) relating to keeping and maintaining a disclosure accounting; 
(e)(4) (A) through (F) relating to publishing a system notice setting 
forth name, location, categories of individuals and records, routing 
uses and policies regarding storage, retrievability, access controls, 
retention and disposal of the records; (e) (6), (7), (9), (10) and (11) 
relating to dissemination and maintenance of records, and relating to 
criminal penalties. This system of records is also exempt from 
Secs. 909.3, 909.4, 909.5 (a) and (c)(3) and (4), and 909.6 of this 
part. This exemption applies to those records and information contained 
in the system of records pertaining to the enforcement of criminal laws.
  (b) To the extent that there may exist within this system of records 
and investigative files compiled for law enforcement purposes, other 
than material within the scope of subsection (j)(2) of the Privacy Act, 
the Inspector General Investigative Case Files system of records is 
exempt from the following sections of the Privacy Act (5 U.S.C. 552(a)): 
(c)(3) relating to access to the disclosure accounting, (d) relating to 
access to records, (e)(1) relating to the type of information maintained 
in the records; (e)(4) (G), (H) and (I) relating to publishing the 
system notice information as to agency procedures of access and 
amendment and information as to the categories of sources or records, 
and (f) relating to developing agency rules for gaining access and 
making corrections. This system of records is also exempt from 
Secs. 909.3, 909.4, 909.5 (a) and (c)(3), and 909.6 of this part.
  (c) Reason for exemptions.
  (1) The Office of Inspector General is a component of the Finance 
Board which performs, as its principal function, activity pertaining to 
the enforcement of criminal laws, within the meaning of 5 U.S.C. 
552a(j)(2). This exemption applies only to those records and information 
contained in the system of records pertaining to criminal 
investigations. This system of records is exempt for one or more of the 
following reasons:
  (i) To prevent interference with law enforcement proceedings.
  (ii) To avoid unwarranted invasion of personal privacy by disclosure 
of information about third parties, including other subjects of 
investigation, investigators, and witnesses.
  (iii) To protect the identity of Federal employees who furnish a 
complaint or information to the Office of the Inspector General, 
consistent with section 7(b) of the Inspector General Act of 1978, as 
amended, 5 U.S.C. App. 3.
  (iv) To protect the confidentiality of non-Federal employee sources of 
information.
  (v) To assure access to sources of confidential information, including 
those contained in Federal, State and local criminal law enforcement 
information systems.
  (vi) To prevent disclosure of law enforcement techniques and 
procedures.
  (vii) To avoid endangering the life or physical safety of confidential 
sources and law enforcement personnel.
  (2) Investigative records within this system of records which are 
compiled for law enforcement purposes, other than material within the 
scope of subsection (j)(2), are exempt under the provisions of 5 U.S.C. 
552a(k)(2); provided, however, that if any individual is denied any 
right, privilege, or benefit that they would otherwise be entitled by 
Federal law, or for which they would otherwise be eligible, as a result 
of the maintenance of such material, such material shall be provided to 
such individual except to the extent that the disclosure of such 
material would reveal the identity of a source who furnished information 
to the Government under an express promise that the identity of the 
source would be held in confidence, or, prior to January 1, 1975, under 
an implied promise that the identity of the source would be held in 
confidence. This system of records is exempt for one or more of the 
following reasons:
  (i) To prevent interference with law enforcement proceedings.
  (ii) To protect investigatory material compiled for law enforcement 
purposes.
  (iii) To avoid unwarranted invasion of personal privacy, by disclosure 
of information about third parties, including other subjects of 
investigation, law enforcement personnel and sources of information.
  (iv) To fulfill commitments made to protect the confidentiality of 
sources.
  (v) To protect the identity of Federal employees who furnish a 
complaint or information of OIG, consistent with section 7(b) of the 
Inspector General Act of 1978, as amended, 5 U.S.C. App. 3.
  (vi) To assure access to sources of confidential information, 
including those contained in Federal, State and local criminal law 
enforcement systems.
  (vii) To prevent disclosure of law enforcement techniques and 
procedures.
  (viii) To avoid endangering the life or physical safety of 
confidential sources and law enforcement personnel.
  (d) Records within a Finance Board System of records comprised of 
investigatory material compiled solely for the purpose of determining 
suitability or eligibility for Federal civilian employment, Federal 
contractors, or access to classified information, are exempt under the 
provisions of 5 U.S.C. 552a(k)(5), but only to the extent that 
disclosure would reveal the identity of a source who furnished 
information to the Government under an express promise that the identity 
of the source would be held in confidence, or, prior to January 1, 1975, 
under an implied promise that the identity of the source would be held 
in confidence. This system of records is exempt for one or more of the 
following reasons:
  (1) To fulfill commitments made to protect the confidentiality of 
sources.
  (2) To assure access to sources of confidential information; including 
those contained in Federal, State, and local criminal law enforcement 
information systems.
  (e) Testing or examination material used solely to determine or assess 
individual qualifications for appointment to employment at the Finance 
Board, or promotion therein--the disclosure of which would compromise 
the objectivity or fairness of the testing, evaluation or examining 
process is exempt under 5 U.S.C. 552a(k)(6).

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