# Instructions for RDUP Form 674 (03-06)

# CERTIFICATE OF AUTHORITY TO SUBMIT OR GRANT ACCESS TO DATA

### This form, along with a board resolution, is submitted to the Rural Utilities Service, an agency delivering the U.S. Department of Agriculture Rural Development Utilities Programs, hereinafter referred to as the Agency, to establish the “Certifier” who will certify and submit data included on the identified Agency data collections and the “Security Administrator” who will give appropriate, access to the Borrower’s data to other employees, officers, or contractors.

**Submit the original of the completed form in hard copy and a board resolution to Rural Development Utilities Programs, Attention Deputy Director Program Development and Regulatory Analysis, 1400 Independence Ave., SW, Stop 1522, Washington, DC 20250 with a copy to the assigned General Field Representative or Field Accountant.**

## All items on the form are to be completed by the Borrower.

#### Items 1-16

#### 1.  General

1.1Borrowers' operating reports furnish the Agency with information that it needs for analyses concerning the security of Government loans, for the preparation of estimates to be used in forecasting expenses for future loans and for the Agency to fulfill its reporting obligations.  The Agency believes that these reports, when supplemented by such additional information as each borrower may choose, will also be of great assistance to the boards of directors and managers in successfully coping with a variety of management issues.  The operating reports also provide the Agency with the data it needs to prepare the Annual Statistical Report which encompasses all Electric program borrowers' operations.

1.2The USDA Rural Development Data Collection System (DCS) is an automated system that allows data entry of information that usually was entered on paper forms and/or earlier software systems.  The data is stored in a database with all the associated advantages (e.g., data integrity checks, ease of retrieval).  The system is designed to use the Internet for data exchange between the Agency and its Borrowers.  

**2.  Access to System by User**

2.1Subject to the terms and conditions of these Instructions, the Agency grants to the Borrower a non-exclusive right to use the DCS, including any updates and enhancements to the DCS, the output of the DCS and the Instructions and other documentation for the DCS that may be provided to the borrower by the Agency.  The borrower will cause data to be entered into the DCS only as requested by the Agency personnel with respect to the loan contract for an existing loan or loan guarantee.  Borrower’s use of the DCS is subject to the provisions of the Instructions and such other instructions as may be communicated by the Agency from time-to-time in writing.  

2.2Borrower’s access to the DCS is dependent upon the eAuthentication system that will require the Borrower Certifier and Security Administrator and specific employees or agents of the Borrower to specify a User identification number and password as part of the sign-on procedure.  In addition, all Users of the DCS may be required to complete annual security awareness training as required by the system.  Borrower will immediately notify Rural Development (i) if Borrower terminates the employment or agency of one of its authorized Users, or (ii) in the event of any loss, theft or unauthorized disclosure or use of any User identification number or password.  Individual User identification numbers and passwords may not be transferred between employees and agents, and Borrower shall ensure that such transfers do not occur.  If the Agency becomes aware of misuse of identification numbers and passwords, access to the system will be immediately revoked until the incident of misuse can be resolved.  Borrower recognizes that it is responsible for controlling access to the DCS.  The Borrower will permit the Agency, from time-to time upon reasonable notice to the Borrower, to audit or review Borrower’s controls and procedures related to access to the DCS.

2.3Borrower represents and warrants that all information that it has submitted to the Agency in the course of registering as a User, and upon which the Agency has relied in agreeing to permit User to access and use DCS, is true and correct. 

**3. Warranties; Limitation of Liability**

**3.1  No Warranty.**

It is the Agency’s desire to operate a System, which satisfies the performance objectives established by the Agency.  However, the Agency makes no representation or warranty with respect to DCS.  In addition, the Agency makes no representation or warranty with respect to any of the data obtained, provided or transmitted by or through the System. EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THESE INSTRUCTIONS, THE SYSTEM IS BEING PROVIDED TO USER "AS IS" AND ALL WARRANTIES ARE EXPRESSLY EXCLUDED. 

**3.2 No  Liability.**

The Agency will have no liability under these Instructions or related in any respect to the System (including, without limitation, under any other agreement with Borrower related to the System) for consequential, exemplary, indirect or incidental damages, even if it has been advised of the possibility of such damages. 

**4.  Data**

Subject to Federal laws and regulations regarding confidential information, the Agency may use, retain, and reproduce (a) all data for auditing and other purposes that pertain to loans that the Agency may make or guarantee, (b) all data generated utilizing the DCS that pertains to the functionality or performance of the DCS, (c) all data necessary or useful in assisting the Agency in the diagnosis or correction of any irregularity, error, problem, or defect in the DCS, the measurement of software or service usage, the protection or security of the DCS or password protected areas of the Agency’s Internet sites, the performance of system or network maintenance, or evaluation of its software or services, or any improvement, upgrades or enhancements thereto, (d) all data necessary or useful in performing its obligations under this Agreement, providing reports to the Borrower or responding to Borrower requests, and (e) all data that the Borrower is required to report or make available to Rural Development pursuant to any other agreement(s) between the Borrower and Rural Development.  

**5.  Amendments to Usage**

The Agency may amend the terms of these Instructions at any time through notice to the Borrower setting forth the terms of such amendment.  Borrower’s use of DCS at any time after the effective date of an amendment shall constitute Borrower’s consent to the terms of the amendment.

**6.****Revision of RDUP Form 674**

Any proposed revision to the resolutions attached to RDUP Form 674 must be made in writing and will be deemed delivered and accepted by the Agency when acknowledgment by the Agency is received by the Borrower.  

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