§ 4639. — Public disclosure of final orders and agreements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 12USC4639]
TITLE 12--BANKS AND BANKING
CHAPTER 46--GOVERNMENT SPONSORED ENTERPRISES
SUBCHAPTER III--ENFORCEMENT PROVISIONS
Sec. 4639. Public disclosure of final orders and agreements
(a) In general
The Director shall make available to the public--
(1) any written agreement or other written statement for which a
violation may be redressed by the Director or any modification to or
termination thereof, unless the Director, in the Director's
discretion, determines that public disclosure would be contrary to
the public interest;
(2) any order that is issued with respect to any administrative
enforcement proceeding initiated by the Director under this
subchapter and that has become final in accordance with sections
4633 and 4634 of this title; and
(3) any modification to or termination of any final order made
public pursuant to this subsection.
(b) Hearings
All hearings on the record with respect to any notice of charges
issued by the Director shall be open to the public, unless the Director,
in the Director's discretion, determines that holding an open hearing
would be contrary to the public interest.
(c) Delay of public disclosure under exceptional circumstances
If the Director makes a determination in writing that the public
disclosure of any final order pursuant to subsection (a) of this section
would seriously threaten the financial health or security of the
enterprise, the Director may delay the public disclosure of such order
for a reasonable time.
(d) Documents filed under seal in public enforcement hearings
The Director may file any document or part thereof under seal in any
hearing commenced by the Director if the Director determines in writing
that disclosure thereof would be contrary to the public interest.
(e) Retention of documents
The Director shall keep and maintain a record, for not less than 6
years, of all documents described in subsection (a) of this section and
all enforcement agreements and other supervisory actions and supporting
documents issued with respect to or in connection with any enforcement
proceeding initiated by the Director under this subchapter or any other
law.
(f) Disclosures to Congress
This section may not be construed to authorize the withholding, or
to prohibit the disclosure, of any information to the Congress or any
committee or subcommittee thereof.
(Pub. L. 102-550, title XIII, Sec. 1379, Oct. 28, 1992, 106 Stat. 3993.)
