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12 U.S.C. § 1831m–1 — Reports of information regarding safety and soundness of depository institutions

submitted 34 years ago by Pub. L. 102-550 to r/title-12-BANKS-AND-BANKING · 606 words · no verdicts yet

in plain englishAI-generated · not legal advice

Certain United States officials must share information that raises significant safety or soundness concerns about a depository institution with the appropriate Federal banking agency. The section provides protections and procedures for intelligence, investigations, and other sensitive information.

(a) Reports to appropriate Federal banking agencies
(1) Unless another law forbids it, the Attorney General, Secretary of the Treasury, and head of any other United States agency or instrumentality must disclose to the appropriate Federal banking agency information that the official believes raises significant concerns about the safety or soundness of a depository institution doing business in the United States.
(2)(A) Intelligence information. (i) The Director of Central Intelligence must give the Attorney General or Secretary of the Treasury intelligence information that otherwise would be reported under paragraph (1). After consulting the Director, that official must disclose it to the appropriate Federal banking agency. (ii) Each appropriate Federal banking agency, consulting the Director, must establish procedures that adequately protect intelligence information it receives. (B) Investigations and safety. If the Attorney General, Secretary, or designee determines disclosure could jeopardize a pending civil investigation or litigation, a pending criminal investigation or prosecution, cause serious bodily injury or death to government employees, informants, witnesses, or their families, or reveal sensitive investigative techniques, the official must (i) give the banking agency a description as specific as possible without causing those harms and (ii) allow the agency a full review at a place and under procedures the Attorney General determines will protect the information while allowing the agency to protect the institution's safety and soundness. (C) Grand juries and criminal procedure. Paragraph (1) does not apply to an agency's receipt of information connected with a pending grand-jury investigation, and it does not require disclosure forbidden by Rule 6 of the Federal Rules of Criminal Procedure.

(b) Procedures for receipt of disclosure reports
(1) Within 90 days after October 28, 1992, each appropriate Federal banking agency must establish procedures for receiving reports under subsection (a)(1). The procedures must adequately protect disclosed information, including through access controls and accountability for the information.
(2) When a report arrives, the agency must consult the disclosing agency about whether the procedures are adequate and adjust them as needed.

(c) Effect on agencies
This section does not require the Attorney General, Secretary, or any United States agency or instrumentality to collect new information or review existing information.

(d) Definitions
Here, “appropriate Federal banking agency” and “depository institution” have the meanings given in section 1818. This section does not define those terms.

the actual law source: uscode.house.gov ↗public domain
(a) Reports to appropriate Federal banking agencies
(1) In general

The Attorney General, the Secretary of the Treasury, and the head of any other agency or instrumentality of the United States shall, unless otherwise prohibited by law, disclose to the appropriate Federal banking agency any information that the Attorney General, the Secretary of the Treasury, or such agency head believes raises significant concerns regarding the safety or soundness of any depository institution doing business in the United States.

(2) Exceptions
(A) Intelligence information
(i) In general

The Director of Central Intelligence shall disclose to the Attorney General or the Secretary of the Treasury any intelligence information that would otherwise be reported to an appropriate Federal banking agency pursuant to paragraph (1). After consultation with the Director of Central Intelligence, the Attorney General or the Secretary of the Treasury, shall disclose the intelligence information to the appropriate Federal banking agency.

(ii) Procedures for receipt of intelligence information

Each appropriate Federal banking agency, in consultation with the Director of Central Intelligence, shall establish procedures for receipt of intelligence information that are adequate to protect the intelligence information.

(B) Criminal investigations, safety of Government investigators, informants, and witnesses

If the Attorney General, the Secretary of the Treasury or their respective designees determines that the disclosure of information pursuant to paragraph (1) may jeopardize a pending civil investigation or litigation, or a pending criminal investigation or prosecution, may result in serious bodily injury or death to Government employees, informants, witnesses or their respective families, or may disclose sensitive investigative techniques and methods, the Attorney General or the Secretary of the Treasury shall—

(i)

provide the appropriate Federal banking agency a description of the information that is as specific as possible without jeopardizing the investigation, litigation, or prosecution, threatening serious bodily injury or death to Government employees, informants, or witnesses or their respective families, or disclosing sensitive investigation techniques and methods; and

(ii)

permit a full review of the information by the Federal banking agency at a location and under procedures that the Attorney General determines will ensure the effective protection of the information while permitting the Federal banking agency to ensure the safety and soundness of any depository institution.

(C) Grand jury investigations; criminal procedure

Paragraph (1) shall not—

(i)

apply to the receipt of information by an agency or instrumentality in connection with a pending grand jury investigation; or

(ii)

be construed to require disclosure of information prohibited by rule 6 of the Federal Rules of Criminal Procedure.

(b) Procedures for receipt of disclosure reports
(1) In general

Within 90 days after October 28, 1992, each appropriate Federal banking agency shall establish procedures for receipt of a disclosure report by an agency or instrumentality made in accordance with subsection (a)(1). The procedures established in accordance with this subsection shall ensure adequate protection of information disclosed, including access control and information accountability.

(2) Procedures related to each disclosure report

Upon receipt of a report in accordance with subsection (a)(1), the appropriate Federal banking agency shall—

(A)

consult with the agency or instrumentality that made the disclosure regarding the adequacy of the procedures established pursuant to paragraph (1), and

(B)

adjust the procedures to ensure adequate protection of the information disclosed.

(c) Effect on agencies

This section does not impose an affirmative duty on the Attorney General, the Secretary of the Treasury, or the head of any agency or instrumentality of the United States to collect new or to review existing information.

(d) Definitions

For purposes of this section, the terms “appropriate Federal banking agency” and “depository institution” have the same meanings as in section 1818 of this title.

Source credit: (Pub. L. 102–550, title XV, § 1542, Oct. 28, 1992, 106 Stat. 4067; Pub. L. 105–362, title X, § 1001(f), Nov. 10, 1998, 112 Stat. 3292.)

history & why it existsrecord from the source credit
  • 1992Enacted · Pub. L. 102-550 · 106 Stat. 4067
  • 1998Amended · Pub. L. 105-362 · 112 Stat. 3292

A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-550 on 1992-10-28.

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