[Federal Register Volume 68, Number 128 (Thursday, July 3, 2003)]
[Rules and Regulations]
[Pages 39810-39815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16560]


=======================================================================
-----------------------------------------------------------------------

FEDERAL HOUSING FINANCE BOARD

12 CFR Parts 910 and 913

[No. 2003-08]
RIN 3069-AB07


Privacy Act and Freedom of Information Act; Implementation

AGENCY: Federal Housing Finance Board.

ACTION: Interim final rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: The Federal Housing Finance Board (Finance Board) is revising 
its Privacy Act regulation to reflect an agency reorganization. The 
responsibilities of the Secretary to the Board of Directors, including 
administration of the Finance Board's Privacy Act program, have been 
transferred to the Office of General Counsel (OGC) and an OGC staff 
member is acting as the Finance Board's Privacy Act Official. The 
Finance Board also is revising the rule to make it more ``user-
friendly'' by using plain language and where appropriate, a question-
and-answer format.
    Elsewhere in this issue of the Federal Register, the Finance Board 
is publishing a notice that makes corresponding changes to the agency's 
Privacy Act systems of records. The notice also adds a new system of 
records covering Office of Inspector General investigative files.

[[Page 39811]]

    The Finance Board also is amending the fee schedule in its Freedom 
of Information Act (FOIA) regulation to take into account increased 
salary and operating costs. The Finance Board determines the amount of 
the fee it charges to duplicate records under the Privacy Act in 
accordance with the FOIA fee schedule.

DATES: The interim final rule will become effective on July 3, 2003. 
The Finance Board will accept comments on the interim final rule in 
writing on or before September 2, 2003.

ADDRESSES: Send comments by electronic mail to [email protected], by 
facsimile to 202/408-2580, or by regular mail to the Federal Housing 
Finance Board, 1777 F Street, NW., Washington, DC 20006, Attn: Public 
Comments. Comments will be available for public inspection at this 
address.

FOR FURTHER INFORMATION CONTACT: Janice A. Kaye, Senior Attorney-
Advisor, Office of General Counsel, by electronic mail at 
[email protected], by telephone at 202/408-2505, or by regular mail at the 
Federal Housing Finance Board, 1777 F Street, NW., Washington, DC 
20006.

SUPPLEMENTARY INFORMATION: 

I. Background

    Effective March 20, 2000, responsibility for administering the 
Finance Board's FOIA program was transferred to the Office of General 
Counsel and an OGC staff member began acting as the Finance Board's 
FOIA Officer. In order to provide a requester with the maximum amount 
of information available under the law, the Finance Board processes 
some requests for records under both the FOIA and the Privacy Act. To 
minimize response time and to ensure consistent and appropriate 
analysis of agency records, the Finance Board has determined that 
responsibility and authority for both the FOIA and Privacy Act programs 
should reside in one agency office. Accordingly, the Finance Board has 
transferred responsibility for administering the Finance Board's 
Privacy Act program to the OGC, the office already responsible for 
running the agency's FOIA program. As part of the transfer, an OGC 
staff member is acting as the Finance Board's Privacy Act Official. The 
Privacy Act Official is authorized to make all initial denial 
determinations under the Finance Board's Privacy Act regulation.
    The Finance Board is amending its Privacy Act regulation to reflect 
the reassignment of responsibility and authority. More specifically, 
the Finance Board is replacing the term ``Executive Secretary'' and the 
term ``Finance Board'' with the term ``Privacy Act Official'' where 
appropriate. The Finance Board also is taking this opportunity to make 
the rule more ``user-friendly'' by rewriting the rule in plain language 
and using a question-and-answer format where appropriate.
    Elsewhere in this issue of the Federal Register, the Finance Board 
is publishing a notice that makes corresponding changes to the agency's 
Privacy Act systems of records. Since the Privacy Act rule includes an 
exemption for Office of Inspector General (OIG) investigative files, 
the notice adds a new system of records covering OIG investigative 
records.

II. Analysis of the Interim Final Rule

    The interim final rule revises the Finance Board rule implementing 
the Privacy Act of 1974, as amended (5 U.S.C. 552a), to reflect a 
reorganization in which responsibility and authority for running the 
agency's Privacy Act program was transferred to the OGC. The Finance 
Board also is revising the rule to make it more ``user-friendly'' by 
using plain language. A more detailed description of the provisions of 
part 913, as revised, follows.

A. Purpose and Scope

    Section 913.2 restates the purpose and scope of part 913, which 
currently are found in Sec.  913.1. The rule now makes clear that the 
Finance Board automatically processes a Privacy Act request for access 
to records under both the Privacy Act and the FOIA to provide a 
requester with the maximum amount of information available under the 
law.

B. Privacy Act Requests

    Section 913.3 sets forth the procedures an individual must follow 
when making a request under the Privacy Act. It covers requests for 
access to records, for amendment or correction of records, and for an 
accounting of disclosures by the Finance Board. Section 913.3 includes 
provisions found currently in Sec. Sec.  913.3(a)-(c), 913.4, and 
913.6(a)-(b). The provision in current Sec.  913.3(d) concerning 
disclosure of medical records has been deleted.

C. Finance Board Response to Privacy Act Requests

    Section 913.4 explains how and when the Finance Board will respond 
to a Privacy Act request. The revised rule authorizes the Privacy Act 
Official to make all initial agency determinations, including adverse 
determinations. Section 913.4 restates provisions found currently in 
Sec. Sec.  913.3(e)-(f), 913.5, and 913.6(d)-(e) without other 
substantive changes.

D. Appeals

    Section 913.5 prescribes the procedures individuals must follow if 
they are dissatisfied with the Privacy Act Official's response to their 
Privacy Act request. It restates provisions found currently in 
Sec. Sec.  913.3(g) and 913.6(f)-(g) with no substantive changes.

E. Fees

    Section 913.6 concerns the fees the Finance Board charges to 
fulfill Privacy Act requests. The fee provision currently is found in 
Sec.  913.7. The rule makes clear that the Finance Board considers a 
request to be an agreement to pay all applicable fees unless the 
requester expressly limits the amount he or she is willing to pay. The 
Finance Board, which charges only for duplication of records, 
determines the amount of the fee in accordance with the fee provisions 
of the agency's FOIA rule, which is codified at 12 CFR 910.9.
    The Finance Board is amending the FOIA fee schedule, 12 CFR 
910.9(g), to take into account changes in salary and operating costs. 
More specifically, the hourly search charge for clerical staff has 
increased from $17.00 to $28.00, for supervisory/professional staff 
from $34.00 to $53.00, and for computer operators from $34.00 to 
$48.00. The hourly charge to review records has increased from $34.00 
to $53.00. With regard to duplication costs, the Finance Board has 
eliminated obsolete charges for computer output and microfiche, 
decreased the cost for diskettes from $5.00 to $.50, and added a $1.00 
charge for CD-ROMs. The Finance Board also is making clear that a 
requester's failure to timely pay FOIA fees assessed by this or any 
other federal agency may result in a requirement for the requester to 
pay future fees in advance or the administrative closing of a request.

F. Exemptions

    Section 913.7 restates current Sec.  913.8, which describes the 
records that are exempt from disclosure under the Privacy Act. Finance 
Board records that are exempt include the following: (1) Certain law 
enforcement files and files used to determine suitability, eligibility 
or qualifications for federal civilian employment or federal contracts 
that are contained in the OIG Investigative Records system of records 
(FHFB-7); and (2) materials contained in the system of records titled 
``Agency Personnel Investigative Records'' (FHFB-6) that would reveal 
the identity of a source who furnished information to the government 
under an express

[[Page 39812]]

promise that his or her identity would be held in confidence. Since no 
Finance Board office performs as its principal function activities 
pertaining to the enforcement of criminal laws, the Finance Board has 
eliminated references to exemptions provided under paragraph (j)(2) of 
the Privacy Act. See 5 U.S.C. 552a(j)(2).

III. Notice and Public Participation

    The Finance Board is promulgating these technical, procedural 
changes as an interim final rule because it is in the public interest 
to conform the Finance Board's Privacy Act regulation to an agency 
reorganization that already has taken effect. Accordingly, the Finance 
Board for good cause finds that the notice and publication requirements 
of the Administrative Procedure Act are unnecessary. See 5 U.S.C. 
553(b)(3)(B). However, because this type of rulemaking generally 
requires notice and receipt of public comment, the Finance Board will 
accept written comments on the interim final rule on or before 
September 2, 2003.

IV. Effective Date

    For the reasons stated in part III above, the Finance Board for 
good cause finds that the interim final rule should become effective on 
July 3, 2003. See 5 U.S.C. 553(d)(3).

V. Regulatory Flexibility Act

    The Finance Board is adopting the amendments to parts 910 and 913 
in the form of an interim final rule and not as a proposed rule. 
Therefore, the provisions of the Regulatory Flexibility Act do not 
apply. See 5 U.S.C. 601(2), 603(a).

VI. Paperwork Reduction Act

    The interim final rule does not contain any collections of 
information under the Paperwork Reduction Act of 1995. See 44 U.S.C. 
3501 et seq. Consequently, the Finance Board has not submitted any 
information to the Office of Management and Budget for review.

List of Subjects

12 CFR Part 910

    Administrative practice and procedure, Archives and records, 
Confidential business information, Federal home loan banks, Freedom of 
information.

12 CFR Part 913

    Administrative practice and procedure, Archives and records, 
Freedom of information, Privacy.
    For the reasons stated in the preamble, the Finance Board amends 12 
CFR Ch. IX as follows:

PART 910--FREEDOM OF INFORMATION ACT REGULATION

0
1. The authority citation for part 910 continues to read as follows:

    Authority: 5 U.S.C. 552; 52 FR 10012 (Mar. 27, 1987).

0
2. Revise Sec. Sec.  910.9(f)(2) and (4) and (g), and add Sec.  
910.9(f)(6), to read as follows:


Sec.  910.9  Fees.

* * * * *
    (f) * * *
    (2) To pay fees and interest assessed under this section, a 
requester shall deliver to the Office of Management, located at the 
Federal Housing Finance Board, 1777 F Street, NW., Washington, DC. 
20006, a check or money order made payable to the ``Federal Housing 
Finance Board.''
* * * * *
    (4) The FOIA Officer may require a requester to pay an estimated 
fee in advance if:
    (i) It is determined that the fee will likely exceed $250;
    (ii) The requester previously has failed to pay a fee assessed 
under this section within 30 days of the earlier of the date of the 
determination under Sec.  910.4 or the date a fee statement was 
transmitted to a requester; or
    (iii) The requester previously has failed to timely pay a fee 
assessed in accordance with the FOIA regulation of another federal 
agency.
* * * * *
    (6) The FOIA Officer may administratively close a request if the 
requester previously has failed to pay a fee assessed under this 
section or in accordance with the FOIA regulation of another federal 
agency unless the requester can substantiate that the debt was paid.
    (g) Fee schedule. The Finance Board shall assess fees in accordance 
with the following schedule:

Search

Supervisory/Professional Staff: $53.00 per hour
Clerical Staff: $28.00 per hour
Computer Operator: $48.00 per hour
Review: $53.00 per hour

Duplication

Photocopies: $.10 per page
Diskettes: $.50 per diskette
CD-ROMs: $1.00 per CD
Transcription of audio tape: $4.50 per page
Certification, seal and attestation: $5.00 per document

Delivery

Facsimile transmission (long distance): long distance charges plus $.25 
per page
Facsimile transmission (local): $.25 per call plus $.25 per page
Express delivery service: actual cost

0
3. Revise 12 CFR part 913 to read as follows:

PART 913--PRIVACY ACT REGULATION

Sec.
913.1 Definitions.
913.2 Purpose and scope.
913.3 How do I make a request under the Privacy Act?
913.4 How will the Finance Board respond to your Privacy Act 
request?
913.5 What can I do if I am dissatisfied with the Finance Board's 
response to my Privacy Act request?
913.6 Fees.
913.7 Exemptions.

    Authority: 5 U.S.C. 552a.


Sec.  913.1  Definitions.

    For purposes of this part:
    Amendment means any correction, addition to or deletion of 
information in a record.
    FOIA means the Freedom of Information Act, as amended (5 U.S.C. 
552).
    Individual means a citizen of the United States or an alien 
lawfully admitted to the United States for permanent residence.
    Maintain means to keep or hold and preserve in an existing state, 
and includes the terms collect, use, disseminate and control.
    Privacy Act means the Privacy Act of 1974, as amended (5 U.S.C. 
552a).
    Privacy Act Official means the Finance Board employee who is 
authorized to make determinations as provided in this part. The mailing 
address for the Privacy Act Official is: Privacy Act Office, Federal 
Housing Finance Board, 1777 F Street, NW., Washington, DC 20006.
    Record means any item, collection or grouping of information about 
an individual that the Finance Board maintains within a system of 
records and contains the individual's name or the identifying number, 
symbol or other identifying particular assigned to the individual, such 
as a finger or voice print or photograph.
    System of records means a group of records the Finance Board 
maintains or controls from which information is retrieved by the name 
of an individual or by some identifying number, symbol or other 
identifying particular assigned to the individual. You can find a 
description of the Finance Board's

[[Page 39813]]

systems of records as part of the ``Privacy Act Compilation'' published 
by the Federal Register. You can access the ``Privacy Act Compilation'' 
in most large reference and university libraries or electronically on 
the World Wide Web at http://www.access.gpo.gov/su_docs/aces/PrivacyAct.shtml. You also can request a copy of the Finance Board's 
systems of records from the Privacy Act Official.
    Working days do not include Saturdays, Sundays and legal public 
holidays.


Sec.  913.2  Purpose and scope.

    (a) This Part 913 contains the rules the Finance Board follows 
under the Privacy Act. The rules apply to all records in systems of 
records the Finance Board maintains that are retrieved by an 
individual's name or personal identifier. They describe the procedures 
by which individuals may request access to records about themselves or 
about and on behalf of another individual as the parent or guardian of 
a minor or as the guardian of someone determined by a court to be 
incompetent, request amendment or correction of those records, and 
request an accounting of disclosures of those records by the Finance 
Board. Whenever it is appropriate to do so, the Finance Board 
automatically processes a Privacy Act request for access to records 
under both the Privacy Act and the FOIA, following the rules contained 
in part 910 of this chapter and this part 913. The Finance Board 
processes a request under both the Privacy Act and the FOIA so you will 
receive the maximum amount of information available to you by law.
    (b) This part does not entitle you to any service or to the 
disclosure of any record to which you are not entitled under the 
Privacy Act. It also does not, and may not be relied upon to create any 
substantive or procedural right or benefit enforceable against the 
Finance Board.


Sec.  913.3  How do I make a request under the Privacy Act?

    (a) In general. You can make a Privacy Act request on your own 
behalf or on behalf of another individual as the parent or guardian of 
a minor or as the guardian of someone determined by a court to be 
incompetent. To make sure that the Privacy Act Office receives your 
request without delay, you should include the notation ``Privacy Act 
Request'' on the front of your envelope and also at the beginning of 
your request.
    (b) Requests for access to records. You may make a request for 
access to a record by appearing in person or by writing directly to the 
Privacy Act Official. You must describe the record that you want in 
enough detail to enable the Privacy Act Office to locate the system(s) 
of records containing it with a reasonable amount of effort. Your 
request should describe the record sought, the time period in which you 
believe it was compiled, and the name or identifying number of each 
system of records in which you believe it is kept.
    (c) Requests for amendment or correction of records. You may make a 
request for amendment or correction of a Finance Board record by 
writing to the Privacy Act Official. Your request should identify each 
particular record in question and the system(s) of records in which the 
record is located, describe the amendment or correction that you want, 
and state why you believe that the record is not accurate, relevant, 
timely or complete. You may submit any documentation that you think 
would be helpful.
    (d) Requests for an accounting of record disclosures. You may 
request an accounting of disclosures made by the Finance Board to 
another person, organization or agency of any record by writing to the 
Privacy Act Official. Your request for an accounting should identify 
each particular record in question. An accounting generally includes 
the date, nature and purpose of each disclosure, as well as the name 
and address of the person, organization or agency to which the 
disclosure was made.
    (e) Verification of identity. When making a Privacy Act request, 
you must verify your identity in accordance with these procedures to 
protect your privacy or the privacy of the individual on whose behalf 
you are acting. If you make a Privacy Act request and you do not follow 
these identity verification procedures, the Finance Board cannot 
process your request.
    (1) Verifying your own identity. If you make your request in person 
and your identity is not known to the Privacy Act Official, you must 
provide either two forms of identification with photographs, or one 
form of identification with a photograph and a properly authenticated 
birth certificate. If you make your request by mail, your signature 
either must be notarized or submitted under 28 U.S.C. 1746, a law that 
permits statements to be made under penalty of perjury as a substitute 
for notarization. You may fulfill this requirement by having your 
signature on your request letter witnessed by a notary, or including 
the following statement just before the signature on your request 
letter: ``I declare under penalty of perjury that the foregoing is true 
and correct. Executed on [date].''
    (2) Verification of guardianship. When making a request as the 
parent or guardian of a minor or as the guardian of someone determined 
by a court to be incompetent, for access to records about that 
individual, you must establish:
    (i) The identity of the individual who is the subject of the 
record, by stating the individual's name, current address and date and 
place of birth;
    (ii) Your own identity, as required in paragraph (e)(1) of this 
section;
    (iii) That you are the parent or guardian of the individual, which 
you may prove by providing a properly authenticated copy of the 
individual's birth certificate showing your parentage or a properly 
authenticated court order establishing your guardianship; and
    (iv) That you are acting on behalf of the individual in making the 
request.


Sec.  913.4  How will the Finance Board respond to your Privacy Act 
request?

    (a) When will the Finance Board respond to my request? The Privacy 
Act Official generally will respond to you in writing within 10 working 
days of receipt of a request that meets the requirements of Sec.  
913.3. The Privacy Act Official may extend the response time in unusual 
circumstances, such as the need to consult with another agency about a 
record or to retrieve a record shipped offsite for storage.
    (b) What will the Finance Board's response include? The written 
response will include the Privacy Act Official's determination whether 
to grant or deny your request in whole or in part and a brief 
explanation of the reasons for the determination. If you requested 
access to records, the Privacy Act Official will make the records, if 
any, available to you. If you requested amendment or correction of a 
record, the response will describe any amendment or correction made and 
advise you of your right to obtain a copy of the amended or corrected 
record, in disclosable form, under this part.
    (c) Adverse determinations.--(1) What is an adverse determination? 
Adverse determinations consist of the following determinations by the 
Privacy Act Official:
    (i) A determination to withhold any requested record in whole or in 
part;
    (ii) A determination to deny a request to amend or correct a record 
in whole or in part;
    (iii) A determination not to provide an accounting of disclosures;
    (iv) A determination that a requested record does not exist or 
cannot be located;

[[Page 39814]]

    (v) A determination that what has been requested is not a record 
subject to the Privacy Act; or
    (vi) A determination on any disputed fee matter.
    (2) Responses that include an adverse determination. If the Privacy 
Act Official makes an adverse determination with respect to your 
request, the written response under this section will state that the 
Privacy Act Official is the person responsible for the adverse 
determination, that the adverse determination is not a final agency 
action, and that you may appeal the adverse determination under Sec.  
913.5.


Sec.  913.5  What can I do if I am dissatisfied with the Finance 
Board's response to my Privacy Act request?

    (a) Appeals. You can appeal any adverse determination made by the 
Privacy Act Official in responding to your Privacy Act request. If you 
wish to seek review by a court of any adverse determination or denial 
of a request, you first must appeal it under this section.
    (b) How do I make an appeal? You may make an appeal by submitting a 
written application giving the reasons why the adverse determination 
should be overturned within 30 working days of the date of the Privacy 
Act Official's determination under Sec.  913.4. You should include the 
notation ``Privacy Act Appeal'' on the front of your envelope and also 
at the beginning of your application to make sure that the Privacy Act 
Office receives your appeal without delay.
    (c) When will the Finance Board respond to my appeal? The Finance 
Board generally will respond to you in writing within 30 working days 
of receipt of an appeal that meets the requirements of paragraph (b) of 
this section. The Finance Board may extend the response time in unusual 
circumstances, such as the need to consult with another agency about a 
record or to retrieve a record shipped offsite for storage.
    (d) What will the Finance Board's response include? The written 
response will include the Finance Board's determination whether to 
grant or deny your appeal in whole or in part, a brief explanation of 
the reasons for the determination, and information about the Privacy 
Act provisions for court review of the determination. If your appeal 
concerns a request for access to records, the Finance Board will make 
the records, if any, available to you. If your appeal concerns 
amendment or correction of a record, the response will describe any 
amendment or correction made and advise you of your right to obtain a 
copy of the amended or corrected record, in disclosable form, under 
this part and your right to file a Statement of Disagreement under 
paragraph (e) of this section.
    (e) Statements of Disagreement.--(1) What is a Statement of 
Disagreement? A Statement of Disagreement is a concise written 
statement in which you clearly identify each part of any record that 
you dispute and explain your reason(s) for disagreeing with the Finance 
Board's denial in whole or in part of your appeal to amend or correct 
that record.
    (2) How do I file a Statement of Disagreement? You must deliver 
your Statement of Disagreement to the Privacy Act Official within 30 
working days of the Finance Board's denial in whole or in part of your 
appeal concerning amendment or correction of a record.
    (3) What will the Finance Board do with my Statement of 
Disagreement? The Finance Board will place your Statement of 
Disagreement in the system(s) of records in which the disputed record 
is maintained. The Finance Board also may append a concise statement of 
its reason(s) for denying the request to amend or correct the record. 
The Finance Board will provide a copy of your Statement of Disagreement 
and its explanation, if any, along with the record whenever the record 
is disclosed.


Sec.  913.6  Fees.

    (a) Your request is an agreement to pay fees. The Finance Board 
considers your Privacy Act request as your agreement to pay all 
applicable fees unless you specify a limit on the amount of fees you 
agree to pay. The Finance Board will not exceed the specified limit 
without your written agreement.
    (b) How does the Finance Board calculate fees? The Finance Board 
will charge a fee for duplication of a record under the Privacy Act in 
the same way it charges for duplication of records under the FOIA (12 
CFR 910.9). The Finance Board will not charge any fees to search for or 
review records.


Sec.  913.7  Exemptions.

    (a) What is the effect of an exemption?--(1) In general. Except as 
provided in paragraph (a)(2) of this section, the Finance Board will 
not provide you with an accounting of disclosures or make available to 
you records that are exempt under paragraph (b) of this section.
    (2) Certain law enforcement records. The Finance Board will 
disclose a law enforcement record that is subject to an exemption if 
any right, privilege or benefit to which you would otherwise be 
entitled by Federal law, or for which you would otherwise be eligible, 
is denied as a result of the maintenance of the record, except to the 
extent that disclosure of the record would reveal the identity of a 
source who furnished information to the government under an express 
promise that his or her identity would be held in confidence.
    (b) Which records are exempt?--(1) Office of Inspector General 
Investigative Records. Pursuant to 5 U.S.C. 552a(k)(2), a record 
contained in the system of records titled ``Office of Inspector General 
Investigative Records'' (FHFB-6) is exempt from 5 U.S.C. 552a(c)(3), 
(d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f), to the extent 
that the record consists of investigatory material compiled:
    (i) For law enforcement purposes; or
    (ii) For the purpose of determining suitability, eligibility or 
qualifications for federal civilian employment or federal contracts, if 
disclosure of the record would reveal the identity of a source who 
furnished information to the government under an express promise that 
his or her identity would be held in confidence.
    (2) Personnel Investigative Records. Pursuant to 5 U.S.C. 
552a(k)(5), a record contained in the system of records titled 
``Personnel Investigative Records'' (FHFB-5) is exempt from 5 U.S.C. 
552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f), to 
the extent that disclosure would reveal the identity of a source who 
furnished information to the government under an express promise that 
his or her identity of the source would be held in confidence.
    (c) Why are these records exempt?--(1) Office of Inspector General 
Investigative Records. The records contained in the system of records 
titled ``Office of Inspector General Investigative Records'' (FHFB-6) 
are exempt:
    (i) To prevent interference with law enforcement proceedings;
    (ii) To avoid an unwarranted invasion of personal privacy by 
revealing information about third parties such as other subjects of an 
investigation, law enforcement personnel, witnesses and other sources 
of information;
    (iii) To fulfill commitments made to protect the confidentiality of 
sources including Federal employees who furnish a complaint or 
information to the Office of the Inspector General and other sources of 
information;
    (iv) To assure access by the Office of Inspector General to sources 
of confidential information, including those contained in federal, 
state and

[[Page 39815]]

local criminal law enforcement information systems;
    (v) To prevent disclosure of law enforcement techniques and 
procedures; and
    (vii) To avoid endangering the life or physical safety of 
confidential sources and law enforcement personnel.
    (2) Personnel Investigative Records. The records contained in the 
system of records titled ``Personnel Investigative Records'' (FHFB-5) 
are exempt:
    (i) To fulfill commitments made to protect the confidentiality of 
sources; and
    (ii) To assure access to sources of confidential information, 
including those contained in federal, state and local criminal law 
enforcement information systems.

    Dated: June 19, 2003.

    By the Board of Directors of the Federal Housing Finance Board.
John T. Korsmo,
Chairman.
[FR Doc. 03-16560 Filed 7-2-03; 8:45 am]
BILLING CODE 6725-01-P