12 U.S.C. § 1828b — Interagency data sharing
submitted 27 years ago by Pub. L. 106-102 to r/title-12-BANKS-AND-BANKING · 362 words · no verdicts yet
Federal banking agencies must share data that the Attorney General or Federal Trade Commission needs to review certain transactions under antitrust laws. The information remains confidential, and sharing it does not waive other legal privileges.
(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 Governors of the Federal Reserve System must make available to the Attorney General and the Federal Trade Commission any data in the possession of any such banking agency that the antitrust agency considers 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 under subsection (a) must be treated as confidential. (2) Procedures for disclosure If any information or material obtained by any agency under subsection (a) is proposed to be disclosed to a third party, written notice of such disclosure must first be provided to the agency from which such information or material was obtained and an opportunity must 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 under subsection (a) to another agency must not constitute 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 must be construed as preventing or limiting access to any information by any duly authorized committee of the Congress or the Comptroller General of the United States. (c) Banking agency information sharing The provisions of subsection (b) must apply to— (1) any information or material obtained by any Federal banking agency (as defined in section 1813(z) of this title ) from any other Federal banking agency; and (2) any report of examination or other confidential supervisory information obtained by any State agency or authority, or any other person, from a Federal banking agency.
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 Governors of the Federal Reserve System shall make available to the Attorney General and the Federal Trade Commission any data in the possession 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.
Any information or material obtained by any agency pursuant to subsection (a) shall be treated as confidential.
If any information or material obtained by any agency pursuant to subsection (a) is proposed to be disclosed to a third party, written notice of such disclosure shall first be provided to the agency from which such information or material was obtained and an opportunity shall be given to such agency to oppose or limit the proposed disclosure.
The provision by any Federal agency of any information or material pursuant to subsection (a) to another agency shall not constitute a waiver, or otherwise affect, any privilege any agency or person* may claim with respect to such information under Federal or State* law.
No provision of this section shall be construed as preventing or limiting access to any information by any duly authorized committee of the Congress or the Comptroller General of the United States.
The provisions of subsection (b) shall apply to—
any information or material obtained by any Federal banking agency (as defined in section 1813(z) of this title) from any other Federal banking agency; and
any report of examination or other confidential supervisory information obtained by any State agency or authority, or any other person, from a Federal banking agency.
Source credit: (Pub. L. 106–102, title I, § 132, Nov. 12, 1999, 113 Stat. 1382.)
- 1999Enacted · Pub. L. 106-102 · 113 Stat. 1382
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-102 on 1999-11-12.
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