12 U.S.C. § 1829a — Participation by State nonmember in-

Page 1134 TITLE 12—BANKS AND BANKING § 1829a PROVISIONS NOT REPEALED, MODIFIED OR AFFECTED Nothing contained in sections 201 to 205 and 207 of Pub. L. 89–695 amending sections 1813 and 1817 to 1820 and repealing section 77 of this title to be construed as repealing, modifying, or affecting this section, see sec- tion 206 of Pub. L. 89–695, set out as a note under sec- tion 1813 of this title. § 1829a. Participation by State nonmember in- sured banks in lotteries and related activi- ties (a) Prohibited activities A State nonmember insured bank may not— (1) deal in lottery tickets; (2) deal in bets used as a means or substitute for participation in a lottery; (3) announce, advertise, or publicize the ex- istence of any lottery; or (4) announce, advertise, or publicize the ex- istence or identity of any participant or win- ner, as such, in a lottery. (b) Use of banking premises prohibited A State nonmember insured bank may not permit— (1) the use of any part of any of its banking offices by any person for any purpose forbid- den to the bank under subsection (a), or (2) direct access by the public from any of its banking offices to any premises used by any person for any purpose forbidden to the bank under subsection (a). (c) Definitions As used in this section— (1) The term ‘‘deal in’’ includes making, tak- ing, buying, selling, redeeming, or collecting. (2) The term ‘‘lottery’’ includes any arrange- ment, other than a savings promotion raffle, whereby three or more persons (the ‘‘partici- pants’’) advance money or credit to another in exchange for the possibility or expectation that one or more but not all of the partici- pants (the ‘‘winners’’) will receive by reason of their advances more than the amounts they have advanced, the identity of the winners being determined by any means which in- cludes— (A) a random selection; (B) a game, race, or contest; or (C) any record or tabulation of the result of one or more events in which any partici- pant has no interest except for its bearing upon the possibility that he may become a winner. (3) The term ‘‘lottery ticket’’ includes any right, privilege, or possibility (and any ticket, receipt, record, or other evidence of any such right, privilege, or possibility), of becoming a winner in a lottery. (4) The term ‘‘savings promotion raffle’’ means a contest in which the sole consider- ation required for a chance of winning des- ignated prizes is obtained by the deposit of a specified amount of money in a savings ac- count or other savings program, where each ticket or entry has an equal chance of being drawn, such contest being subject to regula- tions that may from time to time be promul- gated by the appropriate prudential regulator (as defined in section 5481 of this title). (d) Lawful banking services connected with op- eration of lottery Nothing contained in this section prohibits a State nonmember insured bank from accepting deposits or cashing or otherwise handling checks or other negotiable instruments, or per- forming other lawful banking services for a State operating a lottery, or for an officer or employee of that State who is charged with the administration of the lottery. (e) Regulations; enforcement The Board of Directors shall prescribe such regulations as may be necessary to the strict en- forcement of this section and the prevention of evasions thereof. (Sept. 21, 1950, ch. 967, § 2[20], as added Pub. L. 90–203, § 3, Dec. 15, 1967, 81 Stat. 610; amended Pub. L. 103–325, title VI, § 602(a)(51), Sept. 23, 1994, 108 Stat. 2290; Pub. L. 113–251, § 3(c), Dec. 18, 2014, 128 Stat. 2889.) Editorial Notes AMENDMENTS 2014—Subsec. (c)(2). Pub. L. 113–251, § 3(c)(1), inserted ‘‘, other than a savings promotion raffle,’’ before ‘‘whereby’’ in introductory provisions. Subsec. (c)(4). Pub. L. 113–251, § 3(c)(2), added par. (4). 1994—Subsec. (a)(3). Pub. L. 103–325 inserted ‘‘or’’ at end. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Apr. 1, 1968, see section 6 of Pub. L. 90–203, set out as a note under section 25a of this title. § 1829b. Retention of records by insured deposi- tory institutions (a) Congressional findings and declaration of purpose (1) Findings Congress finds that— (A) adequate records maintained by in- sured depository institutions have a high de- gree of usefulness in criminal, tax, and regu- latory investigations or proceedings, and that, given the threat posed to the security of the Nation on and after the terrorist at- tacks against the United States on Sep- tember 11, 2001, such records may also have a high degree of usefulness in the conduct of intelligence or counterintelligence activi- ties, including analysis, to protect against domestic and international terrorism; and (B) microfilm or other reproductions and other records made by insured depository in- stitutions of checks, as well as records kept by such institutions, of the identity of per- sons maintaining or authorized to act with respect to accounts therein, have been of particular value in proceedings described in subparagraph (A). (2) Purpose It is the purpose of this section to require the maintenance of appropriate types of records by insured depository institutions in the United States where such records have a high degree of usefulness in criminal, tax, or