604.9

Information

regarding personnel.

Reserved authority.

604.10 Offical records generally.

Subpart B-Availability of Records of the Farm Credit Administration

604.11 Official records of the Farm Credit Administration.

604.12 Identification of records requested.
604.13 Request for records.
604.14 Service charge.

Subpart A-Information and Records
Generally

AUTHORITY: The provisions of this Subpart A issued under sec. 17, 39 Stat. 375, as amended, sec. 2, 42 Stat. 1459, sec. 4, 46 Stat. 13, as amended, sec. 6, 47 Stat. 14, as amended; 12 U.S.C. 665, 831, 1101, 1141b, unless otherwise noted.

SOURCE: The provisions of this Subpart A appear at 31 F.R. 16227, Dec. 20, 1966, unless otherwise noted. Redesignated, 32 F.R. 12710, Sept. 2, 1967.

§ 604.1 Information regarding the Farm Credit Administration and agencies under its supervision.

(a) FCA and bank personnel. No officer or employee of the Farm Credit Administration, of an office of joint services or of a Federal land bank, Federal intermediate credit bank, or bank for cooperatives shall disclose information of a type not ordinarily contained in published reports or press releases regarding the Farm Credit Administration or any bank or association of the Farm Credit System or any borrowers or members thereof, except (1) to the extent necessarily involved in the performance of his official duties or (2) as authorized by §§ 604.4 to 604.8. Information prepared by Farm Credit Administration personnel for newspaper, publishing and broadcasting companies, and all new or revised publications prepared by Farm Credit Admin

istration personnel should be cleared with the Research and Information Division. (b) Association personnel. No officer or employee of a Federal land bank association or production credit association shall disclose information of a type not ordinarily contained in published reports or press releases, regarding such association, or ony of its members, except (1) to the extent necesarily involved in the performance of his official duties or (2) as authorized by §§ 604.4 to 604.8.

[31 F.R. 16227, Dec. 20, 1966, as amended at 32 F.R. 12710, Sept. 2, 1967]

§ 604.2 Reports of farm credit examiners.

The contents of reports of examinations of either banks or associations made by farm credit examiners may not be disclosed without the consent of the Chief Examiner of the Farm Credit Administration. Consent is given for disclosure of reports of regular examinations to the banks and associations involved or interested but such disclosure of reports of special examinations shall only be by action or consent of the Chief Examiner in each instance. Consent is also given for disclosure of such reports to authorize representatives of the Farm Credit Administration and, when requested for confidential use in connection with the official investigation of matters touched upon therein, to agents of the Federal Bureau of Investigation, Department of Justice; Bureau of the Chief Postal Inspector, Post Office Department; the Secret Service, and the Internal Revenue Service of the Department of the Treasury; Office of the Inspector General, Department of Agriculture; and the General Accounting Office.

§ 604.5

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Information and records garding borrowers and applicants for loans.

Officers and employees of the Farm Credit Administration and every bank and association of the Farm Credit System, its officers, directors, and employees shall hold in strict confidence all information regarding the character, credit standing, and property of borrowers and applicants for loans, and shall not exhibit or quote the following listed documents: loan applications; supplementary statements by applicants; letters and statements relative to the character, property, and credit standing of borrowers and applicants; recommendations of loan committees; and reports of inspectors, fieldmen, investigators, and appraisers. This section is subject to the exceptions set forth below in paragraphs (a) to (i) of this section.

(a) Examiners and other accredited representatives of the Farm Credit Administration and the bank concerned shall have free access to all information, records, and files.

(b) Accredited representatives of the following offices of the United States Government, at their request, may be given information pertinent to official investigations of individual cases by such offices, and may be permitted to examine such portions of the records and files as contain the pertinent information: Secret Service and Internal Revenue Service, Department of the Treasury; Federal Bureau of Investigation, Department of Justice; Bureau of the Chief Postal Inspector, Post Office Department; Office of the Inspector General, Department of Agriculture; and General Accounting Office. Before information is given to any such representative, he shall be required to present his official identification card, and to make a written request identifying the individual case on which information is sought and the particular information desired, and to certify that such information is pertinent to the official investigation of that case and is requested for confidential use of the investigating office.

(c) The chairmen of the presidents committees and the presidents of the banks of the Farm Credit System may supply statistical and other impersonal information pertaining to groups of borrowers, applicants, and loans, in response to requests from any department or independent office of the Government of

non

the United States, with the understanding that the information is requested for official use, and that it will not be published. Such information may be given in response to requests from Government sources, but only with the approval of the Governor, a deputy governor, or the appropriate service director. (d) Full information concerning individual borrowers may be given for the confidential use of any bank or association of the Farm Credit System, or any Government agency, in response to inquiries made in contemplation of the extension of credit or the collection of loans. To the extent that such information relates to the character and personal traits of a borrower, it shall be ascribed to reports from unnamed sources, believed to be reliable, and shall be accompanied by the statement that no responsibility is assumed for the accuracy of such reports.

(e) Information may be given in confidence to reliable private institutions (lending and mercantile) concerning the amount, terms, and payment records of loans to individual borrowers, in response to inquiries made in contemplation of the extension of credit.

(f) Credit information concerning any borrower (including a cooperative association) may be given when such borrower consents thereto in writing: Provided, however, That opinions as to the ability of such borrower to meet his obligations and commitments may be given to creditors and prospective creditors of such borrower without his consent upon the following conditions: (1) That the opinion is to be held in strict confidence by the creditor or prospective creditor; (2) that the opinion is for the private use of the creditor or prospective creditor; and (3) that the opinion be accompanied by a statement that no responsibility for its accuracy is assumed. (g) The loan application and any supplementary statements signed by a borrower may be examined and their contents may be proved in court by the borrower who signed them, or by his accredited representative, or by the successor in interest of a deceased borrower.

(h) An unsuccessful loan applicant, or a person authorized to inquire in his behalf, may be informed of impersonal credit factors which caused the rejection of his application, but if a loan is denied because of the applicant's personal shortcomings, no explanation may be

If it appears that justice would be served by releasing information in circumstances forbidden by § 604.5, the restrictions of that section may be waived as to a particular case by the Governor, a deputy governor, or a service director having general supervision over the office or bank of the Farm Credit System concerned. A recommendation for such waiver of § 604.5 may be submitted by any bank, association, or office concerned. Any such recommendation from a Federal land bank association or a production credit association shall be submitted through the appropriate Federal land bank or Federal intermediate credit bank, with the request that it be considered and forwarded to the Farm Credit Administration, if deemed advisable. Each such recommendation should be supported by a statement of facts and approved by counsel for the forwarding bank. The recommendation should be addressed to the General Counsel, Farm Credit Administration. § 604.7 Officer or employee summoned

as witness.

If an officer or employee of the Farm Credit Administration or of any association or bank of the Farm Credit System is summoned as a witness in litigation to which neither the Government nor any farm credit agency is a party for the purpose of testifying and/or producing documentary evidence with respect to matters which he is forbidden by this part to disclose, he shall arrange, if possible, with counsel who obtained the summons, to be excused from testifying. If such an arrangement cannot be made, the officer or employee shall appear in response to the summons but, before testifying or producing documentary evidence as to information which this part requires shall be held in confidence, he

or

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shall respectfully advise the Court of this part against disclosure of such information and respectfully request of the Court that the confidential nature thereof be recognized and safeguarded. After so doing, the officer ployee may then testify or produce documentary evidence as to such information only to the extent and under the conditions directed by the Court. Upon receiving any such summons, the officer or employee may request advice and assistance from counsel for the agency with which he is connected and, for this purpose, the officers and employees of Federal land bank associations and production credit associations shall consult counsel for the appropriate Federal land bank or Federal intermediate credit bank.

Lists of employees shall not be released by an office or organization of the Farm Credit System without the approval of the Governor, a deputy governor, or a service director having general supervision over such office or bank concerned. This section is subject to the exceptions set forth in paragraphs (a) to (e) of this section.

(a) Taxing authorities shall be supplied, on request, with the names, addresses, and compensation of officers and employees of the Farm Credit Administration and of the officers, agents, and employees of any bank or association. Requests for such information relating to the registrars, chief reviewing appraisers, examiners, or other employees of the Farm Credit Administration shall be forwarded to the Accounting and Budget Division of the Farm Credit Administration.

(b) A Federal land bank may release lists of the Federal land bank associations of its district, and their managers; and for use in connection with the designation of nominees for the Federal Farm Credit Board or the nomination and election of members of a district farm credit board by Federal land bank associations, a Federal land bank may release lists of the presidents and directors of Federal land bank associations of its district.

(c) A Federal intermediate credit bank may release lists of the production credit associations of its district, and their secretary-treasurers; and for use in connection with the designation of nominees for the Federal Farm Credit

Board or the nomination and election of members of a district farm credit board by production credit associations, a Federal intermediate credit bank may release lists of the presidents and directors of production credit associations of its district.

(d) A bank for cooperatives may release lists of cooperative associations which hold stock in the bank or which have subscribed to its guaranty fund, and lists of the presidents of such cooperative associations, for use in connection with the designation of nominees for the Federal Farm Credit Board or the nomination and election of members of a district farm credit board.

(e) The Farm Credit Administration and banks and associations may release employees' names, addresses, positions, and spouses' names to reputable concerns for the purpose of listing in local directories. The release of such information should be with the understanding that the concern agrees to use it for directory purposes only. It is suggested that employees be permitted to withhold their names if they wish to do so.

§ 604.9 Reserved authority.

The provisions of §§ 604.1 to 604.8 shall not operate to limit or restrict the discretionary authority of the Governor of the Farm Credit Administration or any deputy governor to release, or to authorize the release of, information by or pertaining to the Farm Credit Administration or any bank or association of the Farm Credit System.

§ 604.10 Official records generally.

The Farm Credit Administration and the several banks and associations under its supervision keep confidential the classes of records enumerated in §§ 604.2, 604.4, 604.5, and 604.8. Such records and other official records in the custody of the Farm Credit Administration may be made available as provided in Subpart B of this part. Information contained in other official records in the custody of a particular bank or association may be made available to persons directly and properly concerned upon written application to the particular bank or association. Such application must identify the specific information sought and must show how the applicant is concerned therewith. Such application with respect to official records in the custody of a particular bank or association may be

granted by the chief executive officer of the bank or association in accordance with the provisions of this Subpart A. (5 U.S.C. 522) [32 F.R. 12710, Sept. 2, 1967] Subpart B-Availability of Records of the Farm Credit Administration

AUTHORITY: The provisions of this Subpart B issued under sec. 17, 39 Stat. 375, as amended, sec. 2, 42 Stat. 1459, sec. 4, 46 Stat. 13, as amended, sec. 6, 47 Stat. 14, as amended; 5 U.S.C. 552, 12 U.S.C. 665, 831, 1101, 1141b.

SOURCE: The provisions of this Subpart B appear at 32 F.R. 12710, Sept. 2, 1967, unless otherwise noted.

§ 604.11 Official records of the Farm Credit Administration.

Upon request, identified records of the Farm Credit Administration shall be made available for public inspection and copying, except exempt records which includes the following:

(a) Records specifically required by Executive order to be secret;

(b) Records related solely to the internal personnel rules and practices of the Farm Credit Administration, including matters which are for the guidance of agency personnel;

(c) Records which are specifically exempted from disclosure by statute;

(d) Commercial or financial information obtained from any person or organization and privileged or confidential;

(e) Interagency or intra-agency memorandums or letters which would not be available by law to a private party in litigation in which the United States, as real party in interest on behalf of the Farm Credit Administration, is a party, or from a bank or association supervised by the Farm Credit Administration to a private party in litigation with such bank or association if such memorandums or letters are records of such bank or association;

(f) Personnel and similar files, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;

(g) Investigatory files compiled for law enforcement purposes, except to the extent available by law to a private party;

(h) Records of or related to examination, operating, or condition reports of or related to the banks and associations under the supervision of the Farm Credit Administration which are prepared by, on behalf of, or for its use.

(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 Administration 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.

Subpart A-Bank and Association Personnel

Sec. 605.174 605.178

Prohibited acts.

Soliciting support in polls for district or Federal Farm Credit Board membership.

Subpart B-Farm Credit Administration Personnel

605.735-291

605.735-294

605.735-300

605.735-304 605.735-305 605.735-306

605.735-307

General policy.

Responsibilities.

Disciplinary and other remedial action.

Conflict of interest.

Applicable laws.

Cases involving trivial interest or relationship.

Devotion of employees' time

to official duties.

605.735-307-50 Teaching, writing, and lec

605.735-308

turing.

Farm Credit appraisers, examiners, and registrars. of Goverment-owned property.

605.735-309

Use

605.735-311 605.735-312

605.735-313

605.735-317

605.735-318

605.735-319

605.735-321 605.735-322 605.735-324

Political activity.

Soliciting support in nomination and election polls. Comments on proposed or pending legislation by Government employees.

Distribution of printed material by employees and employee groups.

Improper use of official stationery.

Gifts or favors from subordi

nates prohibited. Voluntary services. Foreign decorations.

Statements of employment and financial interests.

605.735-324-50 Time and place for submis