12 U.S.C. § 1828b — Interagency data sharing

Page 1130 TITLE 12—BANKS AND BANKING § 1828b 81, 83 to 86, 90, 91, 93, 93a, 94, 141 to 144, 161, 164, 181, 182, 192 to 194, 196, 215c, 481 to 485, 501, 541, 548, and 582 of this title. See, also, sections 8, 333, 334, 475, 656, 709, 1004, and 1005 of Title 18, Crimes and Criminal Proce- dure. For complete classification of R.S. §§ 5133 to 5244 to the Code, see Tables. The Bank Holding Company Act of 1956, referred to in subsec. (b)(2)(A), (4)(A), is act May 9, 1956, ch. 240, 70 Stat. 133, which is classified principally to chapter 17 (§ 1841 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1841 of this title and Tables. The Federal Reserve Act, referred to in subsec. (b)(2)(A), (4)(A), is act Dec. 23, 1913, ch. 6, 38 Stat. 251, which is classified principally to chapter 3 (§ 221 et seq.) of this title. For complete classification of this Act to the Code, see References in Text note set out under sec- tion 226 of this title and Tables. The Federal Deposit Insurance Act, referred to in subsec. (c)(1)(A), is act Sept. 21, 1950, ch. 967, § 2, 64 Stat. 873, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1811 of this title and Tables. CODIFICATION Section was enacted as part of the Gramm-Leach-Bli- ley Act, and not as part of the Federal Deposit Insur- ance Act which comprises this chapter. AMENDMENTS 2006—Subsecs. (a)(1)(B), (b)(2)(B), (4)(B), (c)(1)(B). Pub. L. 109–173 substituted ‘‘the Deposit Insurance Fund’’ for ‘‘any Federal deposit insurance fund’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–173 effective Mar. 31, 2006, see section 9(j) of Pub. L. 109–173, set out as a note under section 24 of this title. EFFECTIVE DATE Section effective 120 days after Nov. 12, 1999, see sec- tion 161 of Pub. L. 106–102, set out as an Effective Date of 1999 Amendment note under section 24 of this title. § 1828b. Interagency data sharing (a) In general To the extent not prohibited by other law, the Comptroller of the Currency, the Director of the Office of Thrift Supervision, the Federal Deposit Insurance Corporation, and the Board of Gov- ernors of the Federal Reserve System shall make available to the Attorney General and the Federal Trade Commission any data in the pos- session of any such banking agency that the antitrust agency deems necessary for antitrust review of any transaction requiring notice to any such antitrust agency or the approval of such agency under section 1842 or 1843 of this title, section 1828(c) of this title, the National Bank Consolidation and Merger Act [12 U.S.C. 215 et seq.], section 1467a of this title, or the antitrust laws. (b) Confidentiality requirements (1) In general Any information or material obtained by any agency pursuant to subsection (a) shall be treated as confidential. (2) Procedures for disclosure If any information or material obtained by any agency pursuant to subsection (a) is pro- posed to be disclosed to a third party, written notice of such disclosure shall first be pro- vided to the agency from which such informa- tion or material was obtained and an oppor- tunity shall be given to such agency to oppose or limit the proposed disclosure. (3) Other privileges not waived by disclosure under this section The provision by any Federal agency of any information or material pursuant to sub- section (a) to another agency shall not con- stitute a waiver, or otherwise affect, any privilege any agency or person may claim with respect to such information under Federal or State law. (4) Exception No provision of this section shall be con- strued as preventing or limiting access to any information by any duly authorized com- mittee of the Congress or the Comptroller General of the United States. (c) Banking agency information sharing The provisions of subsection (b) shall apply to— (1) any information or material obtained by any Federal banking agency (as defined in sec- tion 1813(z) of this title) from any other Fed- eral banking agency; and (2) any report of examination or other con- fidential supervisory information obtained by any State agency or authority, or any other person, from a Federal banking agency. (Pub. L. 106–102, title I, § 132, Nov. 12, 1999, 113 Stat. 1382.) Editorial Notes REFERENCES IN TEXT The National Bank Consolidation and Merger Act, re- ferred to in subsec. (a), is act Nov. 7, 1918, ch. 209, as added by Pub. L. 86–230, § 20, Sept. 8, 1959, 73 Stat. 460, which is classified generally to subchapter XVI (§ 215 et seq.) of chapter 2 of this title. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 215 of this title and Tables. CODIFICATION Section was enacted as part of the Gramm-Leach-Bli- ley Act, and not as part of the Federal Deposit Insur- ance Act which comprises this chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 120 days after Nov. 12, 1999, see sec- tion 161 of Pub. L. 106–102, set out as an Effective Date of 1999 Amendment note under section 24 of this title. § 1829. Penalty for unauthorized participation by convicted individual (a) Prohibition (1) In general Except with the prior written consent of the Corporation— (A) any person who has been convicted of any criminal offense involving dishonesty or a breach of trust or money laundering, or has agreed to enter into a pretrial diversion or similar program in connection with a prosecution for such offense, may not—