18 U.S.C. § 1906 — Disclosure of information from a bank ex-

Page 461 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1906 1 See References in Text note below. 2 So in original. chapter 37 of title 5, publishes, divulges, dis- closes, or makes known in any manner or to any extent not authorized by law any information coming to him in the course of his employment or official duties or by reason of any examina- tion or investigation made by, or return, report or record made to or filed with, such department or agency or officer or employee thereof, which information concerns or relates to the trade se- crets, processes, operations, style of work, or ap- paratus, or to the identity, confidential statis- tical data, amount or source of any income, profits, losses, or expenditures of any person, firm, partnership, corporation, or association; or permits any income return or copy thereof or any book containing any abstract or particulars thereof to be seen or examined by any person ex- cept as provided by law; shall be fined under this title, or imprisoned not more than one year, or both; and shall be removed from office or em- ployment. (June 25, 1948, ch. 645, 62 Stat. 791; Pub. L. 96–349, § 7(b), Sept. 12, 1980, 94 Stat. 1158; Pub. L. 102–550, title XIII, § 1353, Oct. 28, 1992, 106 Stat. 3970; Pub. L. 104–294, title VI, § 601(a)(8), Oct. 11, 1996, 110 Stat. 3498; Pub. L. 107–347, title II, § 209(d)(2), Dec. 17, 2002, 116 Stat. 2930; Pub. L. 110–289, div. A, title I, § 1161(d), July 30, 2008, 122 Stat. 2780.) HISTORICAL AND REVISION NOTES Based on section 176b of title 15, U.S.C., 1940 ed., Com- merce and Trade; section 216 of title 18, U.S.C., 1940 ed.; section 1335 of title 19, U.S.C., 1940 ed., Customs Duties (R.S. § 3167; Aug. 27, 1894, ch. 349, § 24, 28 Stat. 557; Feb. 26, 1926, ch. 27, § 1115, 44 Stat. 117; June 17, 1930, ch. 497, title III, § 335, 46 Stat. 701; Jan. 27, 1938, ch. 11, § 2, 52 Stat. 8). Section consolidates section 176b of title 15, U.S.C., 1940 ed., Commerce and Trade; section 216 of title 18, U.S.C., 1940 ed., and section 1335 of title 19, U.S.C., 1940 ed., Customs Duties. Words ‘‘or of any department or agency thereof’’ and words ‘‘such department or agency’’ were inserted so as to eliminate any possible ambiguity as to scope of sec- tion. (See definition of ‘‘department’’ and ‘‘agency’’ in section 6 of this title.) References to the offenses as misdemeanors, con- tained in all of said sections, were omitted in view of definitive section 1 of this title. The provisions of section 216 of title 18, U.S.C., 1940 ed., relating to publication of income tax data by ‘‘any person’’, were omitted as covered by section 55(f)(1) of title 26, U.S.C., 1940 ed., Internal Revenue Code. Minor changes were made in translations and phrase- ology. Editorial Notes REFERENCES IN TEXT The Antitrust Civil Process Act, referred to in text, is Pub. L. 87–664, Sept. 19, 1962, 76 Stat. 548, which is classified principally to chapter 34 (§ 1311 et seq.) of Title 15, Commerce and Trade. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1311 of Title 15 and Tables. AMENDMENTS 2008—Pub. L. 110–289 substituted ‘‘Federal Housing Fi- nance Agency’’ for ‘‘Office of Federal Housing Enter- prise Oversight’’. 2002—Pub. L. 107–347 inserted ‘‘or being an employee of a private sector organization who is or was assigned to an agency under chapter 37 of title 5,’’ after ‘‘(15 U.S.C. 1311–1314),’’. 1996—Pub. L. 104–294 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’. 1992—Pub. L. 102–550 inserted ‘‘any person acting on behalf of the Office of Federal Housing Enterprise Over- sight,’’ after ‘‘or agency thereof,’’. 1980—Pub. L. 96–349 provided for punishment and re- moval from office of an agent of the Department of Jus- tice as defined in the Antitrust Civil Process Act for disclosure of confidential information. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–347 effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107–347, set out as an Effective Date note under section 3601 of Title 44, Public Printing and Documents. § 1906. Disclosure of information from a bank ex- amination report Whoever, being an examiner, public or private, or a Government Accountability Office em- ployee with access to bank examination report information under section 714 of title 31, dis- closes the names of borrowers or the collateral for loans of any member bank of the Federal Re- serve System, any bank insured by the Federal Deposit Insurance Corporation, any branch or agency of a foreign bank (as such terms are de- fined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), or any organization operating under section 25 or sec- tion 25(a) 1 of the Federal Reserve Act, examined by him or subject to Government Account- ability Office audit under section 714 of title 31 to other than the proper officers of such bank, branch, agency, or organization, without first having obtained the express permission in writ- ing from the Comptroller of the Currency as to a national bank or a Federal branch or Federal agency (as such terms are defined in paragraphs (5) and (6) of section 1(b) of the International Banking Act of 1978), the Board of Governors of the Federal Reserve System as to a State mem- ber bank, an uninsured State branch or State agency (as such terms are defined in paragraphs (11) and (12) of section 1(b) of the International Banking Act of 1978), or an organization oper- ating under section 25 or section 25(a) 1 of the Federal Reserve Act, or the Federal Deposit In- surance Corporation as to any other insured bank, including any insured branch (as defined in section 3(s) of the Federal Deposit Insurance Act),,2 or from the board of directors of such bank or organization, except when ordered to do so by a court of competent jurisdiction, or by di- rection of the Congress of the United States, or either House thereof, or any committee of Con- gress or either House duly authorized or as au- thorized by section 714 of title 31 shall be fined under this title or imprisoned not more than one year or both. (June 25, 1948, ch. 645, 62 Stat. 791; Pub. L. 95–320, § 3, July 21, 1978, 92 Stat. 393; Pub. L. 97–258, § 3(e)(1), Sept. 13, 1982, 96 Stat. 1064; Pub. L. 101–647, title XXV, § 2597(k), Nov. 29, 1990, 104 Stat. 4911; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) Page 462 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1907 HISTORICAL AND REVISION NOTES Based on section 594 of title 12, U.S.C., 1940 ed., Banks and Banking (Dec. 23, 1913, ch. 6, § 22 [second and third sentences of second paragraph], 38 Stat. 272, 273; Sept. 26, 1918, ch. 177, § 5 [22(b), second paragraph], 40 Stat. 970; Aug. 23, 1935, ch. 614, § 326(b), 49 Stat. 716). Other provisions of section 594 of title 12, U.S.C., 1940 ed., Banks and Banking, were consolidated with similar provisions from other sections, to form section 1909 of this title. Changes were made in phraseology. Editorial Notes REFERENCES IN TEXT Section 1(b) of the International Banking Act of 1978, referred to in text, is classified to section 3101 of Title 12, Banks and Banking. Section 25 of the Federal Reserve Act, referred to in text, is classified to subchapter I (§ 601 et seq.) of chap- ter 6 of Title 12. Section 25(a) of the Federal Reserve Act, which is classified to subchapter II (§ 611 et seq.) of chapter 6 of Title 12, was renumbered section 25A of that act by Pub. L. 102–242, title I, § 142(e)(2), Dec. 19, 1991, 105 Stat. 2281. Section 3(s) of the Federal Deposit Insurance Act, re- ferred to in text, is classified to section 1813(s) of Title 12. AMENDMENTS 2004—Pub. L. 108–271 substituted ‘‘Government Ac- countability Office’’ for ‘‘General Accounting Office’’ in two places. 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’. 1990—Pub. L. 101–647 substituted ‘‘System, any bank insured’’ for ‘‘System, or bank insured’’ and inserted ‘‘, any branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), or any organization operating under section 25 or section 25(a) of the Federal Reserve Act,’’ after ‘‘by the Federal De- posit Insurance Corporation’’, ‘‘branch, agency, or or- ganization,’’ after ‘‘proper officers of such bank,’’, ‘‘or a Federal branch or Federal agency (as such terms are defined in paragraphs (5) and (6) of section 1(b) of the International Banking Act of 1978)’’ after ‘‘national bank’’, ‘‘, an uninsured State branch or State agency (as such terms are defined in paragraphs (11) and (12) of section 1(b) of the International Banking Act of 1978), or an organization operating under section 25 or section 25(a) of the Federal Reserve Act’’ after ‘‘as to a State member bank’’, ‘‘, including any insured branch (as de- fined in section 3(s) of the Federal Deposit Insurance Act),’’ after ‘‘any other insured bank’’, and ‘‘or organi- zation’’ after ‘‘board of directors of such bank’’. 1982—Pub. L. 97–258 substituted ‘‘section 714 of title 31’’ for ‘‘section 117(e) of the Accounting and Auditing Act of 1950’’ wherever appearing. 1978—Pub. L. 95–320 substituted ‘‘from a bank exam- ination report’’ for ‘‘by bank examiner’’ in section catchline and, in text, substituted ‘‘public or private, or a General Accounting Office employee with access to bank examination report information under section 117(e) of the Accounting and Auditing Act of 1950, dis- closes’’ for ‘‘public or private, discloses’’, ‘‘examined by him or subject to General Accounting Office audit under section 117(e) of the Accounting and Auditing Act of 1950 to other than’’ for ‘‘, examined by him, to other than’’, and ‘‘either House duly authorized or as authorized by section 117(e) of the Accounting and Au- diting Act of 1950 shall be fined’’ for ‘‘either House duly authorized, shall be fined’’. Executive Documents EXCEPTION AS TO TRANSFER OF FUNCTIONS Functions vested by any provision of law in Comp- troller of the Currency, referred to in this section, were not included in transfer of functions of officers, agen- cies, and employees of Department of the Treasury to Secretary of the Treasury, made by Reorg. Plan No. 26, of 1950, § 1, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organi- zation and Employees. § 1907. Disclosure of information by farm credit examiner Whoever, being a farm credit examiner or any examiner, public or private, discloses the names of borrowers of any Federal land bank associa- tion or Federal land bank, or any organization examined by him under the provisions of law re- lating to Federal intermediate credit banks, to other than the proper officers of such institution or organization, without first having obtained express permission in writing from the Land Bank Commissioner or from the board of direc- tors of such institution or organization, except when ordered to do so by a court of competent jurisdiction or by direction of the Congress of the United States or either House thereof, or any committee of Congress or either House duly authorized, shall be fined under this title or im- prisoned not more than one year, or both; and shall be disqualified from holding office as a farm credit examiner. (June 25, 1948, ch. 645, 62 Stat. 791; Pub. L. 86–168, title I, § 104(h), Aug. 18, 1959, 73 Stat. 387; Pub. L. 97–297, § 4(c), Oct. 12, 1982, 96 Stat. 1318; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on sections 983 and 1124 of title 12, U.S.C., 1940 ed., Banks and Banking (July 17, 1916, ch. 245, § 31 [third and fourth sentences of third paragraph], 39 Stat. 383; July 17, 1916, ch. 245, § 211(d) [part of first sentence], as added Mar. 4, 1923, ch. 252, § 2, 42 Stat. 1460; June 16, 1933, ch. 98, § 80(a), 48 Stat. 273). Section 983 of title 12, U.S.C., 1940 ed., Banks and Banking, does not include the term ‘‘farm credit exam- iner,’’ as used in this section, but it relates thereto as is indicated by sections 951 and 952 of said title. Section 1124 of title 12, U.S.C., 1940 ed., Banks and Banking, which was taken from a chapter in that title dealing with Federal intermediate credit banks, also relates to farm credit examiners as is indicated by sec- tion 1093 thereof. Even so, it was deemed advisable to retain the reference to any examiner ‘‘public or pri- vate,’’ as used in said section 1124. For clarification, the types of associations, banks, and organizations to which section relates, were enu- merated wherever referred to, and words ‘‘examined by him under the provisions of law relating to Federal in- termediate credit banks’’ were inserted. In addition, changes were made in phraseology. The provisions relating to disqualification from hold- ing office as an incident to violation were contained in section 1124 of title 12, U.S.C., 1940 ed., Banks and Banking. For bribery and other provisions of section 1124 of title 12, U.S.C., 1940 ed., Banks and Banking, see sec- tions 218 and 1909 of this title. Other provisions of said section 983 of title 12, U.S.C., 1940 ed., were incorporated in section 221 of this title. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’. 1982—Pub. L. 97–297 substituted ‘‘or Federal land bank’’ for ‘‘, Federal land bank, or joint-stock land bank’’.