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12 U.S.C. § 4642 — Public disclosure of final orders and agreements

Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 4642 — Public disclosure of final orders and agreements

**(a) In general** The Director shall make available to the public— (1) any written agreement or other written statement for which a violation may be redressed by the Director or any modification to or termination thereof, unless the Director, in the Director’s discretion, determines that public disclosure would be contrary to the public interest; (2) any order that is issued with respect to any administrative enforcement proceeding initiated by the Director under this subchapter and that has become final in accordance with sections 4633 and 4634 of this title; and (3) any modification to or termination of any final order made public pursuant to this subsection. **(b) Hearings** All hearings on the record with respect to any notice of charges issued by the Director shall be open to the public, unless the Director, in the Director’s discretion, determines that holding an open hearing would be contrary to the public interest. **(c) Delay of public disclosure under exceptional circumstances** If the Director makes a determination in writing that the public disclosure of any final order pursuant to subsection (a) would seriously threaten the financial health or security of the regulated entity, the Director may delay the public disclosure of such order for a reasonable time. **(d) Documents filed under seal in public enforcement hearings** The Director may file any document or part thereof under seal in any hearing commenced by the Director if the Director determines in writing that disclosure thereof would be contrary to the public interest. **(e) Retention of documents** The Director shall keep and maintain a record, for not less than 6 years, of all documents described in subsection (a) and all enforcement agreements and other supervisory actions and supporting do

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Stable record: federal_law:legal_authorities:record_usc_b2cec28046de99945bc0fee1
Source file: Laws/federal/codes/united-states-code/title-12/section-4642-public-disclosure-of-final-orders-and-agreements--61231c4af5.md
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Source location: Title 12, Chapter 46, § 4642; chapter-046-government-sponsored-enterprises.md

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**(a) In general** The Director shall make available to the public— (1) any written agreement or other written statement for which a violation may be redressed by the Director or any modification to or termination thereof, unless the Director, in the Director’s discretion, determines that public disclosure would be contrary to the public interest; (2) any order that is issued with respect to any administrative enforcement proceeding initiated by the Director under this subchapter and that has become final in accordance with sections 4633 and 4634 of this title; and (3) any modification to or termination of any final order made public pursuant to this subsection. **(b) Hearings** All hearings on the record with respect to any notice of charges issued by the Director shall be open to the public, unless the Director, in the Director’s discretion, determines that holding an open hearing would be contrary to the public interest. **(c) Delay of public disclosure under exceptional circumstances** If the Director makes a determination in writing that the public disclosure of any final order pursuant to subsection (a) would seriously threaten the financial health or security of the regulated entity, the Director may delay the public disclosure of such order for a reasonable time. **(d) Documents filed under seal in public enforcement hearings** The Director may file any document or part thereof under seal in any hearing commenced by the Director if the Director determines in writing that disclosure thereof would be contrary to the public interest. **(e) Retention of documents** The Director shall keep and maintain a record, for not less than 6 years, of all documents described in subsection (a) and all enforcement agreements and other supervisory actions and supporting documents issued with respect to or in connection with any enforcement proceeding initiated by the Director under this subchapter or any other law. **(f) Disclosures to Congress** This section may not be construed to authorize the withholding, or to prohibit the disclosure, of any information to the Congress or any committee or subcommittee thereof.

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 4641 — Private rights of action

This chapter shall not create any private right of action on behalf of any person against a regulated entity, or any director or executive officer of a regulated entity, or impair any existing private right of action under other applicable law.

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 4642 — Reporting of fraudulent loans

Page 1725 TITLE 12—BANKS AND BANKING § 4701 or may, under the direction and control of the Attor- ney General, bring such an action. Such courts shall have jurisdiction and power to order and require com- pliance therewith.’’ See Codification note above. Subsec. (d). Pub. L. 110–289, § 1158(a)(4), inserted ‘‘en- terprise-affiliated party’’ before ‘‘may allow’’. See Codification note above. Pub. L. 110–289, § 1156(b)(4), which directed substi- tution of ‘‘regulated entity’’ for ‘‘enterprise’’, was exe- cuted by making the substitution in two places to re- flect the probable intent of Congress. Subsec. (e). Pub. L. 110–289, § 1158(a)(5), added subsec. (e). See Codification note above. § 4642. Reporting of fraudulent loans (a) Requirement to report The Director shall require a regulated entity to submit to the Director a timely report upon discovery by the regulated entity that it has purchased or sold a fraudulent loan or financial instrument, or suspects a possible fraud relating to the purchase or sale of any loan or financial instrument. The Director shall require each reg- ulated entity to establish and maintain proce- dures designed to discover any such trans- actions. (b) Protection from liability for reports Any regulated entity that, in good faith, makes a report pursuant to subsection (a), and any entity-affiliated party, that, in good faith, makes or requires another to make any such re- port, shall not be liable to any person under any provision of law or regulation, any constitution, law, or regulation of any State or political sub- division of any State, or under any contract or other legally enforceable agreement (including any arbitration agreement) for such report or for any failure to provide notice of such report to the person w

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