Page images


PART 604-INFORMATION AND istration personnel should be cleared with RECORDS

the Research and Information Division.

(b) Association personnel. No oficer Subpart A-Information and Records Generally

or employee of a Federal land bank asSec.

sociation or production credit association 604.1 Information regarding the Farm shall disclose information of a type not

Credit Administration and agen- ordinarily contained in published reports cies under its supervision.

or press releases, regarding such associa604.2 Reports of farm credit examiners.

tion, or ony of its members, except (1) 604.4 Lists of borrowers. 604.5 Information and records regarding

to the extent necesarily involved in the borrowers and applicants for loans.

performance of his official duties or (2) 604.6 Waiver of restrictions of $ 604.5. as authorized by $$ 604.4 to 604.8. 604.7 Officer or employee summoned as [31 F.R. 16227, Dec. 20, 1966, as amended at witness.

32 F.R. 12710, Sept. 2, 1967] 604.8 Information regarding personnel. 604.9 Reserved authority.

§ 604.2 Reports of farm credit exam604.10 Offical records generally.

iners. Subpart B-Availability of Records of the Farm

The contents of reports of examinaCredit Administration

tions of either banks or associations

made by farm credit examiners may not 604.11 Official records of the Farm Credit Administration.

be disclosed without the consent of the 604.12 Identification of records requested.

Chief Examiner of the Farm Credit Ad604.13 Request for records.

ministration. Consent is given for dis604.14 Service charge.

closure of reports of regular examina

tions to the banks and associations inSubpart A-Information and Records

volved or interested but such disclosure Generally

of reports of special examinations shall AUTHORITY: The provisions of this Subpart only be by action or consent of the Chief A issued under sec. 17, 39 Stat. 375, as Examiner in each instance, Consent is amended, sec. 2, 42 Stat. 1459, sec. 4, 46 Stat. also given for disclosure of such reports 13, as amended, sec. 6, 47 Stat. 14, as amend

to authorize representatives of the ed; 12 U.S.C. 665, 831, 1101, 1141b, unless

Farm Credit Administration and, when otherwise noted.

requested for confidential use in conSOURCE: The provisions of this Subpart A nection with the official investigation of appear at 31 F.R. 16227, Dec. 20, 1966, unless

matters touched upon therein, to agents otherwise noted. Redesignated, 32 F.R. 12710,

of the Federal Bureau of Investigation, Sept. 2, 1967.

Department of Justice; Bureau of the § 604.1 Information regarding the Farm Chief Postal Inspector, Post Office De

Credit Administration and agencies partment; the Secret Service, and the under its supervision.

Internal Revenue Service of the Depart(a) FCA and bank personnel. No offi- ment of the Treasury; Office of the Incer or employee of the Farm Credit Ad- spector General, Department of Agriministration, of an office of joint services

culture; and the General Accounting or of a Federal land bank, Federal inter

Office. mediate credit bank, or bank for coopera- $ 604.4

Lists of borrowers. tives shall disclose information of a type not ordinarily contained in published

Lists of borrowers shall not be released reports or press releases regarding the

by any office or organization of the Farm Farm Credit Administration or any bank

Credit System, unless such release is apor association of the Farm Credit System

proved by the Governor, a deputy govor any borrowers or members thereof, ex

ernor, or a service director having gencept (1) to the extent necessarily in

eral supervision over such office or

organization concerned. This section volved in the performance of his official

is subject to the following exception: duties or (2) as authorized by $$ 604.4 to

Production credit associations and Fed604.8. Information prepared by Farm

eral intermediate credit banks may issue Credit Administration personnel for

lists of borrowers and loans for the infornewspaper, publishing and broadcasting

mation of buyers, warehousemen, and companies, and all new or revised publi- others dealing in produce or livestock of cations prepared by Farm Credit Admin- the type securing such loans.



$ 604.5 Information and records the United States, with the understand

garding borrowers and applicants ing that the information is requested for for loans.

official use, and that it will not be pubOfficers and employees of the Farm

lished. Such information may be given Credit Administration and every bank in response to requests from nonand association of the Farm Credit Sys

Government sources, but only with the tem, its officers, directors, and employees

approval of the Governor, a deputy govshall hold in strict confidence all infor- ernor, or the appropriate service director. mation regarding the character, credit

(d) Full information concerning indistanding, and property of borrowers and

vidual borrowers may be given for the applicants for loans, and shall not ex

confidential use of any bank or associahibit or quote the following listed docu

tion of the Farm Credit System, or any ments: loan applications; supplementary

Government agency, in response to instatements by applicants; letters and

quiries made in contemplation of the statements relative to the character,

extension of credit or the collection of property, and credit standing of bor

loans. To the extent that such inforand applicants; recommenda

mation relates to the character and pertions of loan committees; and reports

sonal traits of a borrower, it shall be of inspectors, fieldmen, investigators, and ascribed to reports from unnamed appraisers. This section is subject to the sources, believed to be reliable, and shall exceptions set forth below in paragraphs

be accompanied by the statement that (a) to (i) of this section.

no responsibility is assumed for the (a) Examiners and other accredited accuracy of such reports. representatives of the Farm Credit Ad

(e) Information may be given in conministration and the bank concerned

fidence to reliable private institutions shall have free access to all information,

(lending and mercantile) concerning the records, and files.

amount, terms, and payment records of (b) Accredited representatives of the

loans to individual borrowers, in refollowing offices of the United States sponse to inquiries made in contemplaGovernment, at their request, may be

tion of the extension of credit. given information pertinent to official

(f) Credit information concerning investigations of individual cases by such any borrower (including a cooperative offices, and may be permitted to examine association) may be given when such such portions of the records and files borrower consents thereto in writing: as contain the pertinent information: Provided, however, That opinions as to Secret Service and Internal Revenue the ability of such borrower to meet his Service, Department of the Treasury;

obligations and commitments may be [ Federal Bureau of Investigation, Depart

given to creditors and prospective credi(ment of Justice; Bureau of the Chief

tors of such borrower without his conPostal Inspector, Post Office Department;

sent upon the following conditions: (1) i Office of the Inspector General, Depart

That the opinion is to be held in strict ment of Agriculture; and General Ac

confidence by the creditor or prospective counting Office. Before information is

creditor; (2) that the opinion is for the given to any such representative, he shall

private use of the creditor or prospective be required to present his official identifi

creditor; and (3) that the opinion be cation card, and to make a written re

accompanied by a statement that no quest identifying the individual case on

responsibility for its accuracy is assumed. which information is sought and the par

(g) The loan application and any ticular

information desired, and to supplementary statements signed by a certify that such information is pertinent borrower may be examined and their to the official investigation of that case contents may be proved in court by the and is requested for confidential use of borrower who signed them, or by his the investigating office.

accredited representative, or by the suc(c) The chairmen of the presidents cessor in interest of a deceased borrower. committees and the presidents of the (h) An unsuccessful loan applicant, or banks of the Farm Credit System may a person authorized to inquire in his supply statistical and other impersonal behalf, may be informed of impersonal information pertaining to groups of bor- credit factors which caused the rejection rowers, applicants, and loans, in response of his application, but if a loan is deto requests from any department or in- nied because of the applicant's personal dependent office of the Government of shortcomings, no explanation may be made which would tend to defame his shall respectfully advise the Court of this character or betray the confidence of an part against disclosure of such ininformant.

formation and respectfully request of (i) In litigation between a borrower the Court that the confidential nature (or his successor in interest) and the thereof be recognized and safeguarded. United States or a bank or association of After so doing, the officer or emthe Farm Credit System, any competent ployee may then testify or produce docuevidence may be introduced on behalf of mentary evidence as to such informaeither party with respect to any relevant tion only to the extent and under the statements made orally or in writing by conditions directed by the Court. Upon or to the borrower or his successor. receiving any such summons, the officer (31 F.R. 16227, Dec. 20, 1966, as amended at or employee may request advice and as32 F.R. 12710, Sept. 2, 1967]

sistance from counsel for the agency $ 604.6 Waiver of restrictions of

with which he is connected and, for this $ 604.5.

purpose, the officers and employees of

Federal land bank associations and proIf it appears that justice would be

duction credit associations shall consult served by releasing information in cir- counsel for the appropriate Federal land cumstances forbidden by $ 604.5, the re- bank or Federal intermediate credit strictions of that section may be waived bank. as to a particular case by the Governor,

$ 604.8 Information regarding person. a deputy governor, or a service director

nel. having general supervision over the office or bank of the Farm Credit System con- Lists of employees shall not be released cerned. A recommendation for such by an office or organization of the Farm waiver of $ 604.5 may be submitted by Credit System without the approval of any bank, association, or office con- the Governor, a deputy governor, or a cerned. Any such recommendation service director having general superfrom a Federal land bank association or vision over such office or bank concerned. a production credit association shall be This section is subject to the exceptions submitted through the appropriate Fed- set forth in paragraphs (a) to (e) of eral land bank or Federal intermediate this section. credit bank, with the request that it be (a) Taxing authorities shall be supconsidered and forwarded to the Farm plied, on request, with the names, adCredit Administration, if deemed ad- dresses, and compensation of officers and visable. Each such recommendation employees of the Farm Credit Adminisshould be supported by a statement of tration and of the officers, agents, and facts and approved by counsel for the employees of any bank or association. forwarding bank. The recommendation Requests for such information relating should be addressed to the General to the registrars, chief reviewing apCounsel, Farm Credit Administration. praisers, examiners, or other employees

of the Farm Credit Administration shall $ 604.7 Officer or employee summoned

be forwarded to the Accounting and as witness.

Budget Division of the Farm Credit AdIf an officer or employee of the Farm ministration. Credit Administration or of any associa- (b) A Federal land bank may release tion or bank of the Farm Credit System lists of the Federal land bank associais summoned as a witness in litigation to tions of its district, and their managers; which neither the Government nor any and for use in connection with the desigfarm credit agency is a party for the pur- nation of nominees for the Federal Farm pose of testifying and/or producing Credit Board or the nomination and elecdocumentary evidence with respect to tion of members of a district farm credit matters which he is forbidden by this board by Federal land bank associations, part to disclose, he shall arrange, if po a Federal land bank may release lists of sible, with counsel who obtained the the presidents and directors of Federal summons, to be excused from testifying. land bank associations of its district. If such an arrangement cannot be made, (c) A Federal intermediate credit the officer or employee shall appear in bank may release lists of the production response to the summons but, before tes- credit associations of its district, and tifying or producing documentary evi- their secretary-treasurers; and for use dence as to information which this part in connection with the designation of requires shall be held in confidence, he nominees for the Federal Farm Credit

Board or the nomination and election of granted by the chief executive officer of members of a district farm credit board the bank or association in accordance by production credit associations, a with the provisions of this Subpart A. Federal intermediate credit bank may (5 U.S.C. 522) [32 F.R. 12710, Sept. 2, 1967) release lists of the presidents and directors of production credit associations of

Subpart B—Availability of Records of its district.

the Farm Credit Administration (d) A bank for cooperatives may re- AUTHORITY: The provisions of this Subpart lease lists of cooperative associations

B issued under sec. 17, 39 Stat. 375, as which hold stock in the bank or which amended, sec. 2, 42 Stat. 1459, sec. 4, 46 Stat. have subscribed to its guaranty fund, and 13, as amended, sec. 6, 47 Stat. 14, as amendlists of the presidents of such coopera

ed; 5 U.S.C. 552, 12 U.S.C. 665, 831, 1101, 1141b. tive associations, for use in connection

SOURCE: The provisions of this Subpart B with the designation of nominees for the appear at 32 F.R. 12710, Sept. 2, 1967, unless Federal Farm Credit Board or the nomi- otherwise noted. nation and election of members of a dis

$ 604.11 Official records of the Farm trict farm credit board.

Credit Administration. (e) The Farm Credit Administration and banks and associations may release

Upon request, identified records of employees' names, addresses, positions,

the Farm Credit Administration shall be and spouses' names to reputable concerns

made available for public inspection and for the purpose of listing in local direc

copying, except exempt records which tories. The release of such information

includes the following: should be with the understanding that

(a) Records specifically required by the concern agrees to use it for directory

Executive order to be secret; purposes only. It is suggested that em- (b) Records related solely to the inployees be permitted to withhold their

ternal personnel rules and practices of names if they wish to do so.

the Farm Credit Administration, includ

ing matters which are for the guidance $ 604.9 Reserved authority.

of agency personnel; The provisions of $$ 604.1 to 604.8 shall (c) Records which are specifically not operate to limit or restrict the dis- exempted from disclosure by statute; cretionary authority of the Governor of (d) Commercial or financial informathe Farm Credit Administration or any tion obtained from any person or orgadeputy governor to release, or to au- nization and privileged or confidential; thorize the release of, information by or (e) Interagency or intra-agency mempertaining to the Farm Credit Admin- orandums or letters which would not be istration or any bank or association of available by law to a private party in the Farm Credit System.

litigation in which the United States,

as real party in interest on behalf of the $ 604.10 Official records generally.

Farm Credit Administration, is a party, The Farm Credit Administration and or from a bank or association supervised the several banks and associations under by the Farm Credit Administration to a its supervision keep confidential the private party in litigation with such bank classes of records enumerated in $ $ 604.2, or association if such memorandums or 604.4, 604.5, and 604.8. Such records and letters are records of such bank or asother official records in the custody of the sociation; Farm Credit Administration may be (f) Personnel and similar files, the made available as provided in Subpart disclosure of which would constitute a B of this part. Information contained in clearly unwarranted invasion of perother official records in the custody of sonal privacy; a particular bank or association may be (g) Investigatory files compiled for made available to persons directly and law enforcement purposes, except to the properly concerned upon written appli- extent available by law to a private cation to the particular bank or associa- party; tion. Such application must identify the (h) Records of or related to examispecific information sought and must nation, operating, or condition reports show how the applicant is concerned of or related to the banks and associatherewith. Such application with respect tions under the supervision of the Farm to official records in the custody of a par- Credit Administration which are preticular bank or association may be pared by, on behalf of, or for its use.

$ 604.12 Identification of records re

quested. A member of the public who requests records from the Farm Credit Administration shall provide a reasonably specific description of the records sought so that such records may be located without undue search or inquiry. A record that is not identified by a reasonably specific description is not an identified record, and the request therefor may be declined. $ 604.13 Request for records.

Requests for identified records should be directed to the Chief, Research and Information Division, Farm Credit Administration, Washington, D.C. 20578. Copies of such records may be obtained in person or by mail. Records will be available for inspection or copying during business hours on a regular business day at the offices of the Farm Credit Administration which are located in the South Agriculture Building, Washington, D.C. $ 604.14

Service charge. (a) The Farm Credit Administration furnishes a member of the public free of charge a reasonable quantity of information that has been printed or otherwise reproduced for the purpose of making it available to the public without charge.

(b) The Farm Credit Administration furnishes a member of the public free of charge information that is requested and is not exempt from disclosure when the information is readily available and can be furnished by the Farm Credit Administration without charge.

(c) When a request for information which may not be furnished under paragraphs (a) and (b) of this section is received, the Farm Credit Administra$ion furnishes a copy of it at a fair and equitable fee when it is available to the public. In determining such fair and equitable fee, the Farm Credit Administration ascertains all costs necessary to recover the full cost to the Government including but not limited to, cost of employee service relating to research, reproduction, assembly, and authentication. The fee will be based on these costs and information under this paragraph will not be furnished until such fee is paid or arrangements for payment are made.


BILITIES AND CONDUCT Subpart A Bank and Association Personnel Sec. 605.174

Prohibited acts. 605.178

Soliciting support in polls

for district or Federal Farm Credit Board mem

bership. Subpart B-Farm Credit Administration Personnel 605.735-291 General policy. 605.735–294 Responsibilities. 605.735–300 Disciplinary and other re

medial action. 605.735–304 Conflict of interest. 605.735–305 Applicable laws. 605.735–306 Cases involving trivial inter

est or relationship. 605.735-307 Devotion of employees' time

to official duties. 605.735–307–50 Teaching, writing, and lec

turing. 605.735-308 Farm Credit appraisers, ex

aminers, and registrars. 605.735–309 Use of Goverment-owned

property. 605.735-311 Political activity. 605.735–312 Soliciting support in nomi

nation and election polls. 605.735-313 Comments on proposed or

pending legislation by

Government employees. 605.735-317 Distribution of printed ma

terial by employees and

employee groups. 605.735-318 Improper use of official sta

tionery. 605.735–319 Gifts or favors from subordi

nates prohibited. 605.735-321 Voluntary services. 605.735-322 Foreign decorations. 605.735-324 Statements of employment

and financial interests. 605.735–324-50 Time and place for submis

sion of statements. 605.735–324-51 Supplementary statements. 605.735–324–52 Interests of employees' rela

tives. 605.735-324-53 Information not known. 605.735–324-54 Information prohibited. 605.735–324-55 Confidentiality of state

ments. 605.735–324-56 Effect of statements on other

requirements. 605.735-324-57 Review of statements. 605.735–324–58 Special Government employ


SOURCE: The provisions of this Part 605 appear at 31 F.R. 16228, Dec. 20, 1966, unless otherwise noted.

« PreviousContinue »