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H.R. 1694, Fannie and Freddie Open Records Act of 2017 1 (April 21, 2017)

handle is hein.congrec/cbo3507 and id is 1 raw text is: 




                  CONGRESSIONAL BUDGET OFFICE
                             COST ESTIMATE

                                                                    April 21, 2017


                                  H.R.   1694
               Fannie  and  Freddie  Open   Records   Act of 2017

  As ordered reported by the House Committee on Oversight and Government Reform
                                on March 28, 2017


H.R. 1694 would amend  the Freedom of Information Act (FOIA) to make its provisions
apply to Fannie Mae and Freddie Mac when the two entities are in federal conservatorship
or receivership. Under current law, Fannie Mae and Freddie Mac (the entities) are not
subject to FOIA because they are not federal agencies. Under the bill, the two entities
would be directed to accept and process FOIA requests from the public and to release
information to satisfy those requests as long as they are in federal conservatorship.

Based on information provided by the two entities, the Federal Housing Finance Agency
(FHFA), and annual FOIA  costs incurred by other federal agencies, CBO estimates that
administrative costs for Fannie Mae, Freddie Mac, and FHFA would increase under the
bill. All of the net costs would be borne by Fannie Mae and Freddie Mac because FHFA
would assess fees on the two entities to cover its costs. CBO estimates that enacting the
legislation would increase direct spending by $10 million over the 2018-2027 period;
therefore, pay-as-you go procedures apply. Enacting the bill would not affect revenues.

Fannie Mae's and Freddie Mac's administrative costs would increase because each entity
would need to hire staff to review FOIA requests, gather relevant information, evaluate the
information to determine if it is exempt from disclosure under FOIA, and release the
nonexempt  information to satisfy such requests. Each entity also would need to expand
data processing tools and systems to electronically search and compile relevant data and
documents. Finally, the entities would need to hire staff to handle appeals that arise when
information is withheld because the entity considers it to be exempt from disclosure under
FOIA.

Based on an analysis of information provided by the entities and FHFA, and the costs
incurred by federal agencies to comply with FOIA, CBO estimates that administrative
costs would increase by $40 million in 2018 because Fannie Mae and Freddie Mac likely
would employ  outside firms to accept, evaluate, and respond to FOIA requests while
simultaneously building internal capacity to perform that work with their own employees.
Once the organization's internal FOIA offices are operating, administrative costs would
total about $30 million annually, CBO estimates. Those estimates include additional costs

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