What is OFHEO’s mission?
OFHEO's mission is to promote housing and a strong national housing finance system by ensuring the safety and soundness of Fannie Mae (Federal National Mortgage Association) and Freddie Mac (Federal Home Loan Mortgage Corporation).
Do I need to file a written FOIA request to receive general information about OFHEO?
No. You can find a great deal of information about OFHEO at www.ofheo.gov . The Web site has information about topics including: news releases, speeches, testimony, regulations and policy guidance, research and analysis, reports to Congress and the House Price Index known as the HPI. You also can obtain records that are publicly available by contacting the External Relations Specialist by telephone at (202) 414-8920, by fax at (202) 414-3823, or by electronic mail at ofheoinquiries@ofheo.gov .
You also may view and copy these records at OFHEO’s public reading room. Visitors to the public reading room must telephone ahead to make an appointment. OFHEO’s public reading room is located at 1700 G Street, NW, Washington, D.C. 20552. Call (202) 414-6425 to make an appointment.
How Do I Submit a FOIA Request?
Written FOIA requests should be sent to OFHEO’s FOIA Officer. You can reach the FOIA Officer by electronic mail at foia.office@ofheo.gov , or by regular mail at FOIA Officer, Office of Federal Housing Enterprise Oversight, 1700 G Street, NW, Washington, D.C. 20552, or by fax at (202) 414-8917.
What Should be Included in a FOIA Request?
The request should clearly state that it is being made pursuant to the Freedom of Information Act, (5 U.S.C. § 552)(the Act).
The request must identify whether the requester is a commercial use requester, an educational institution, non-commercial scientific institution or representative of the news media subject to fee provision described in the Act;
Both the envelope and the request itself should be clearly marked “Freedom of Information Act Request”;
The request must reasonably describe the records;
The request must set forth an address where the person making the request wants to be notified about whether or not the request will be granted;
The request must state whether the requester wishes to inspect the records or desires to have a copy made and furnished without first inspecting them;
The request must state a firm agreement of the requester to pay the fees for duplication, search and/or review as may ultimately be determined in accordance with the Act or request that such fees be reduced or waived and state the justification for such request.
Must I use a special form to file a FOIA request?
No form is required. Simply send a letter that includes a clear and specific description of the records or information you want, along with your name, address, telephone number, fax number, and electronic mail address. You should include the notation "Freedom of Information Act Request" on the front of your envelope and also at the beginning of your letter to make sure that the FOIA Officer receives your request without delay.
Is there a fee for filing a FOIA request?
The Freedom of Information Act permits an agency to recover some of the costs of processing a FOIA request by charging the requester for employee time spent searching for records and reviewing them for release. Agencies may also charge for duplication.
OFHEO’s FOIA Fee Schedule :
Executive Level - $90.25/hour
Professional Level - $63.79/hour
Clerical Level - $26.25/hour
Duplication Fee - $0.15/page
Can I limit the amount of the fees?
You can limit the amount that you are willing to pay in fees in your request letter. If you do not do so, OFHEO will assume that you are willing to pay fees up to $25. If the FOIA Officer estimates that the total fees for processing your request will exceed $25, you will be notified in writing of the estimate and offered an opportunity to narrow your request in order to reduce the fees. If you continue to want all of the records involved, you will be asked to agree in writing to pay the estimated fees and OFHEO will suspend processing your request until you agree to do so. Ordinarily you will not have to actually pay fees until after your request has been processed. However, if you failed to pay fees within 30 days of billing in the past, or if the estimated fees exceed $250, OFHEO requires you to pay the estimated fees before we process the records. If you agree to pay fees and then fail to do so within 30 days of billing, you will be charged interest on the overdue balance and OFHEO will not process any further requests from you until payment has been made in full.
You also can ask OFHEO to waive the FOIA fees.
The FOIA Officer will not grant a fee waiver unless you can show that disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the government and is not primarily in the commercial interest of the requester.
The FOIA Officer usually denies requests for fee waivers from individuals who are seeking records pertaining to them under this standard because disclosure usually will not result in any increase of the public's understanding of government operations and activities.
In addition, a requester's inability to pay fees is not a legal basis for granting a fee waiver (see OFHEO regulation RELEASE OF INFORMATION (12/26/2000).
How long will it take OFHEO to respond to my request?
Usually, the FOIA Officer will respond within 20 working days of the date the FOIA Officer receives a complete or perfected request. Many times, the FOIA Officer is able to respond more quickly. If your request involves a large volume of records, or records dispersed among several offices, we may require additional time to respond. Under the FOIA, we can extend the response time for an additional 10 working days. When we need a time extension, we may notify you in writing and offer you the opportunity to modify or limit your request. Alternatively, you may agree to a different timetable for the processing of your request.
OFHEO processes requests on a first-in, first-out basis.
Can I ask for my request to be expedited?
Generally, you can request expedited processing if you demonstrate in your request letter to OFHEO one of the following:
Circumstances in which the lack of expedited treatment could reasonably be expected to pose an imminent threat to the life or physical safety of an individual;
An urgency to inform the public about an actual or alleged Federal government activity if made by a person primarily engaged in disseminating information;
The loss of substantial due process or rights; or
A matter of widespread and exceptional media interest in which there exists possible questions about the government’s integrity which affect public confidence (see OFHEO regulation RELEASE OF INFORMATION (12/26/2000).
What types of records can I request from OFHEO under the FOIA?
You may obtain any non-exempt agency record. You should be aware that the FOIA does not require agencies to do research for you, to analyze data, to answer written questions, or to create records in order to respond to a request.
What rules and regulations govern OFHEO’s FOIA activities and how can I get a copy?
OFHEO has a formal rule for making and processing FOIA requests, which you can find at part 1703 of Title 12 of the Code of Federal Regulations. The Code of Federal Regulations is available in all law libraries and federal depository libraries. You can access and download a copy of the FOIA rule electronically: / Media/pdf/release.pdf . You also can request a copy of the FOIA regulation from the FOIA Officer by electronic mail at foia.office@ofheo.gov , by fax at (202) 414-8917, by telephone at (202) 414-6425, or by regular mail to the FOIA Officer, Office of Federal Housing Enterprise Oversight, 1700 G Street NW, Washington, D.C. 20552.
What kinds of records can OFHEO withhold?
The FOIA provides exemptions that authorize the withholding of information of a sensitive nature. The exemptions authorize withholding: (1) classified national defense and foreign relations information; (2) internal agency rules and practices; (3) information that is prohibited from disclosure by another Federal law; (4) trade secrets and other confidential business information; (5) inter-agency or intra-agency communications that are protected by legal privileges; (6) information involving matters of personal privacy; (7) certain types of information compiled for law enforcement purposes; (8) information relating to the supervision of financial institutions; and (9) geological information on wells.
Generally, exempt information at OFHEO includes examination records; records that if released, would cause an unwarranted invasion of personal privacy; confidential proprietary business information; internal communications regarding proposed OFHEO policies and initiatives; and law enforcement investigative records. As a matter of policy, we will consider making a discretionary disclosure of exempt information whenever possible.
How will I know what records OFHEO has withheld from me?
When we withhold information from you, OFHEO’s written response specifies the FOIA exemption that permits the withholding.
What happens if OFHEO does not have the records I want?
The FOIA Officer will notify you in writing. If we know the records are located at another Federal agency, we will advise you.
What can I do if I am not satisfied with the OFHEO’s response to my request?
The FOIA Officer will advise you of the right to file an administrative appeal within 30 days of the date of the letter responding to you request. You may disagree with the withholding of information or a fee determination or you may believe that there are additional records responsive to your request that the FOIA Officer failed to locate. You also may file an administrative appeal if the FOIA Officer did not grant your request for expedited processing or a fee waiver. All appeals must be made in writing and addressed to the FOIA Appeals Officer by electronic mail at mailto:foia.appeals.office@ofheo.gov , by regular mail to the OFHEO FOIA Appeals Office, 1700 G Street NW, Washington D.C. 20552, or by fax at (202) 414-6504. No specific form or particular language is required. Simply send us a letter explaining the reasons why you disagree with our action, along with your name, address, telephone number, fax number, and electronic mail address. If you are appealing because you believe there are additional records, you should specify why you think the records exist and, if possible, where you believe they might be located. You should include the notation "Freedom of Information Act Appeal" on the front of your envelope and also at the beginning of your letter to make sure that the FOIA Appeals Officer receives your appeal without delay. Within 20 working days, an appellate official will independently determine whether the FOIA Officer properly processed your request and notify you in writing. If you still believe that OFHEO has not handled your FOIA request in accordance with the law, you have the right to challenge the agency's action in a lawsuit filed in federal court.
How do I reach the FOIA officer or the person who is handling my request?
OFHEO’s FOIA Officer is Jeanne Ratchford. You may contact the FOIA Officer by electronic mail at foia.office@ofheo.gov , by regular mail at 1700 G Street NW, Washington, D.C. 20552, by telephone at (202) 414-6425, or by fax at (202) 414-8917.
How do I get a copy of OFHEO’s FOIA Annual Report?
You can download a copy from OFHEO’s website or make a written request to the FOIA Officer by electronic mail at foia.office@ofheo.gov , or by regular mail at 1700 G Street NW, Washington D.C. 20552, by fax at (202) 414-8917, or by telephone at (202) 414-6425 .