access to all information, records, and files.

(b) Accredited representatives of the offices named in § 604.8 may, at their request, be given information pertinent to their official investigations of individual cases, and may examine such portions of the records and files as contain the information.

(c) 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. Such information as relates to the character and personal traits of a borrower 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.

(d) 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.

(e) Credit information concerning any borrower (including a cooperative association) may be given when the borrower consents in writing. In addition, opinions as to the ability of the borrower to meet his obligations may be given his creditors and prospective creditors without his consent upon the conditions that the opinion is to be held in strict confidence by the creditor or prospective creditor, is for the latter's private use, and is accompanied by a statement that no responsibility for its accuracy is assumed.

(f) 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.

(g) An unsuccessful loan applicant, or someone authorized to inquire in his behalf, may be informed of impersonal credit factors that cause the rejection of his application. However, if a loan is denied because of the applicant's personal shortcomings, no explanation may be given him or his representative which would tend to defame his character or betray the confidence of an informant. Examples of reasons that may be released to the applicant are: (1) Not

enough projected net income to meet living expenses and pay present and proposed obligations on schedule, (2) inadequate security, or (3) unsatisfactory repayment record with the bank or association that acted on the application.

(h) In litigation between a borrower (or his successor in interest) and the United States or a bank or association of the Farm Credit System, any competent evidence may be introduced on behalf of either party with respect to any relevant statements made orally or in writing by or to the borrower or his successor. § 604.11

Waiver of restriction.

If it appears that justice would be served by releasing information in circumstances forbidden by § 604.10, the restrictions of that section may be waived as to a particular case by the Governor, a deputy governor, or the service director having general supervision over the Farm Credit System office or bank concerned. A recommendation for such waiver of § 604.10 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.

If an officer or employee is summoned as a witness in litigation to which neither the Government nor any Farm Credit organization is a party for the purpose of testifying and/or producing documentary evidence with respect to matters which he is forbidden by these regulations in this part to disclose, he shall arrange, if possible, with the attorney who obtained the summons, to be excused from testifying. If not excused, he shall appear in response to the summons but, before testifying or producing documentary evidence as to confidential information, he shall respectfully advise the court of these regulations against disclosing such information and respectfully request that its confidential nature

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 the office or bank concerned. This section is subject to the following exceptions:

(a) Taxing authorities shall be supplied, on request, with the names, addresses, and compensation of officers and employees of FCA. Field offices receiving any such requests should forward them to the Accounting and Budget Division.

(b) The Farm Credit Administration may release employees' names, addresses, positions, and spouses' names to reputable concerns for listing in local directories. The concern should use this information for directory purposes only. Employees wishing to do so should be allowed to withhold their names.

§ 604.15 Authority reserved to release information.

The provisions of §§ 604.7-604.14 shall not operate to limit or restrict the discretionary authority of the Governor or any deputy governor to release, or authorize the release of, information by or pertaining to FCA or any bank or association of the Farm Credit System. § 604.16 Official records generally.

The Farm Credit Administration and the several banks and associations under its supervision keep confidential the classes of records enumerated in §§ 604.8, 604.9, 604.10, and 604.14. Such records and other official records in the custody of the Farm Credit Administration may be made available as provided in §§ 604.16-604.20. 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 §§ 604.7–604.15. Subpart B-Availability of Records of the Farm Credit Administration § 604.17 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 include 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 (other than published 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. § 604.18 Identification of records requested.

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. § 604.19 Request for records.

Requests for identified records should be directed to the Director of Information, 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.

§ 604.20 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 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, reprodutcion 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.

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

605.735-324-50

605.735-324-51 605.735-324-52

turing.

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

property.

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. Time and place for submission of statements. Supplementary statements. Interests of employees' relatives.

605.735-324-53 Information not known. 605.735-324-54 Information prohibited. 605.735-324-55 Confidentiality of statements.

605.735-324-56 Effect of statements on other

Subpart A-Bank and Association

Personnel

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.

NOTE: That part of each section number which follows the decimal is the same as the section number of the corresponding provision in the General Administrative Manual for the Farm Credit Districts issued by the Farm Credit Administration.

§ 605.174 Prohibited acts.

Except as specifically authorized by law or rules and regulations promulgated thereunder, no officer, employee, or agent of any corporation (including both banks and associations) under the supervision of the Farm Credit Administration:

(a) Shall, in any manner directly or indirectly, participate in the deliberation upon, or the determination of, any question affecting his personal interests, those of any person related to him by blood or marriage, or those of any partnership, association, or any corporation in which he is directly or indirectly interested;

(b) Shall, except in the performance of his official duties, divulge to another person, or utilize for his personal benefit or that of another, any fact or information acquired by such officer, employee, or agent, directly or indirectly, by virtue of his employment;

(c) Shall speculate, directly or indirectly, in any agricultural commodity or product thereof, or in contracts relating thereto, or in the stock or membership interests of any association or corporation engaged in handling, processing, or disposing of any such commodity, or product;

(d) Shall accept or receive any salary, fee, commission, honorarium, or substantial gift, or other benefit for any purpose or in any way, directly or indirectly, from any borrower from or debtor to any such corporation, or from any loan applicant or representative thereof: Provided, however, That such officer, employee, or agent may, with the written approval of the Governor and upon such conditions as the Governor may prescribe, accept compensation from such borrower, debtor, applicant, or representative for bona fide services rendered while on leave of absence without pay: And provided further, That a person employed and compensated by a Federal land bank association solely for the purpose of taking

applications for loans may also receive compensation from applicants and borrowers for services as attorney, abstractor or insurance agent if his charges for such other services are reasonable or at standard rates;

(e) (1) Shall acquire, directly or indirectly (including acquisition by membership in syndicates), any lands or interests therein, including mineral interests, which are owned by any such corporation or which were thus owned at any time within the preceding 12 months. Definition: As used in this paragraph, "mineral interests" means any interest in minerals, oil, or gas, including, but not limited to, any right derived directly or indirectly from a mineral, oil, or gas lease, deed, or royalty conveyance;

(2) Shall separately acquire, directly or indirectly (including acquisition by membership in syndicates), any mineral interests in lands which are mortgaged to any such corporation or which were thus mortgaged at any time within the preceding 12 months, but this shall not prohibit mineral interests being acquired incidentally with surface interests;

(3) Shall acquire, directly or indirectly (including acquisition by membership in syndicates), any interests in lands (including mineral interests being acquired incidentally with surface interests) which are mortgaged to any such corporation or which were thus mortgaged at any time within the preceding 12 months, without obtaining the specific prior approval of the board of directors of such corporation in addition to conforming with any other applicable regulations. Exception: This paragraph shall not apply to acquisitions by will or inheritance; nor to presidents and vice presidents of Federal land bank associations and production credit associations;

(f) Shall participate directly or indirectly in any transaction concerning the purchase or sale of corporate stocks or bonds, commodities, or other property for speculative purposes if such action might tend to interfere with the proper and impartial performance of his duties or bring discredit upon the Farm Credit Administration or any such corporation. Employees are not prohibited by this paragraph from making bona fide investments. When an employee is uncertain as to whether a contemplated transaction is prohibited by this paragraph, he should consult his immediate superior; (g) Shall at any time have a business relationship or conduct himself in a

manner which might cause embarrassment to or criticism of the Farm Credit Administration or any such corporation, or interfere with the efficient performance of his duties.

(h) Shall, while he serves on a bond or debenture committee, purchase or acquire directly or indirectly ownership of, or any interest in, any of such obligations of the bank of which he is such an officer.

[31 F.R. 16228, Dec. 20, 1966, as amended at 32 F.R. 17652, Dec. 12, 1967; 35 F.R. 12461, Aug. 5, 1970]

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

No officer or employee of a Federal land bank, Federal intermediate credit bank, or bank for cooperatives, and no joint officer or employee for such banks, shall take any part, directly or indirectly, in the designation of nominees for the Federal Farm Credit Board, in the nomination or election of a member of a district farm credit board, or in the election of a director for the Central Bank for Cooperatives, or make any statement, either orally or in writing, which may be construed as intended to influence any vote in such designations, nominations, or elections. Action shall immediately be taken to dismiss, in accordance with applicable procedures, any such officer or employee who violates the provisions of this section.

Subpart B-Farm Credit Administration Personnel

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; 12 U.S.C. 665, 831, 1101, 1141b, E.O. 11222; 3 CFR, 1964-1965 Comp., 5 CFR 735.104.

NOTE: That part of each section number which follows the first hyphen is the same as the section number of the corresponding provision in the General Administrative Manual for the Farm Credit Administration. § 605.735-291

General policy.

(a) It is the policy of the Farm Credit Administration that all officers and employees shall observe the highest standards of conduct in the discharge of the duties and responsibilities that are assigned to them, and that they shall conduct themselves at all times in a manner becoming officers and employees of the Federal Government, so as not to cause

embarrassment to the Farm Credit Administration or the Government.

(b) Each officer and employee has an obligation to the Government, to the people he serves, and to his fellow officers and employees to carry out the purpose and spirit of this policy.

(c) Rules and regulations concerning responsibilities and conduct are contained in handbooks or special releases issued to all officers and employees. It is expected that they will keep currently informed thereon, and comply therewith. § 605.735-294 Responsibilities.

(a) In the administration of the above policy and the rules and regulations thereunder, the Deputy Governor is responsible for (1) general coordination, (2) dissemination of information, (3) handling of complaints, (4) assignment of investigations, (5) administrative interpretation, and (6) periodic review and evaluation of compliance.

(b) The counselor on ethical conduct shall be responsible for assuring that counseling and interpretations on questions of conflicts of interest and other matters within the purview of §§ 605.735304 through 605.735-324-58 are available to any officer or employee who desires advice and guidance on such questions. § 605.735-300 Disciplinary and other remedial action.

A violation of the provisions of this Subpart which deal with employee conduct may be cause for appropriate disciplinary action which may be in addition to any penalty prescribed by law.

§ 605.735-304 Conflict of interest.

Except as specifically authorized by law or rules and regulations promulgated thereunder, no officer or employee of the Farm Credit Administration:

(a) Shall, in any manner directly or indirectly, participate in the deliberation upon, or the determination of, any question affecting his personal interests, those of any person related to him by blood or marriage, or those of any partnership, association, or any corporation in which he is directly or indirectly interested;

(b) Shall, except in the performance of his official duties, divulge to another person, or utilize for his personal benefit or that of another, any fact or information acquired by such officer or employee. directly or indirectly, by virtue of his employment;