§ 1828b. — Interagency data sharing.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 12USC1828b]
TITLE 12--BANKS AND BANKING
CHAPTER 16--FEDERAL DEPOSIT INSURANCE CORPORATION
Sec. 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 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.
(b) Confidentiality requirements
(1) In general
Any information or material obtained by any agency pursuant to
subsection (a) of this section shall be treated as confidential.
(2) Procedures for disclosure
If any information or material obtained by any agency pursuant
to subsection (a) of this section 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.
(3) Other privileges not waived by disclosure under this
section
The provision by any Federal agency of any information or
material pursuant to subsection (a) of this section 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.
(4) Exception
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.
(c) Banking agency information sharing
The provisions of subsection (b) of this section shall 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.
(Pub. L. 106-102, title I, Sec. 132, Nov. 12, 1999, 113 Stat. 1382.)
References in Text
The National Bank Consolidation and Merger Act, referred to in
subsec. (a), is act Nov. 7, 1918, ch. 209, as added by Pub. L. 86-230,
Sec. 20, Sept. 8, 1959, 73 Stat. 460, and amended, which is classified
generally to subchapter XVI (Sec. 215 et seq.) of chapter 2 of this
title. For complete classification of this Act to the Code, see Short
Title note set out under section 215 of this title and Tables.
The antitrust laws, referred to in subsec. (a), are classified
generally to chapter 1 (Sec. 1 et seq.) of Title 15, Commerce and Trade.
Codification
Section was enacted as part of the Gramm-Leach-Bliley Act, and not
as part of the Federal Deposit Insurance Act which comprises this
chapter.
Effective Date
Section effective 120 days after Nov. 12, 1999, see section 161 of
Pub. L. 106-102, set out as an Effective Date of 1999 Amendment note
under section 24 of this title.
