§ 1906. — Disclosure of information from a bank examination report.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1906]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 93--PUBLIC OFFICERS AND EMPLOYEES
Sec. 1906. Disclosure of information from a bank examination
report
Whoever, being an examiner, public or private, or a General
Accounting Office employee with access to bank examination report
information under section 714 of title 31, discloses the names of
borrowers or the collateral for loans of any member bank of the Federal
Reserve System, any bank insured by the Federal Deposit Insurance
Corporation, any branch or agency of a foreign bank (as such terms are
defined in paragraphs (1) and (3) of section 1(b) of the International
Banking Act of 1978), or any organization operating under section 25 or
section 25(a) \1\ of the Federal Reserve Act, examined by him or subject
to General Accounting Office audit under section 714 of title 31 to
other than the proper officers of such bank, branch, agency, or
organization, without first having obtained the express permission in
writing from the Comptroller of the Currency as to a national bank or a
Federal branch or Federal agency (as such terms are defined in
paragraphs (5) and (6) of section 1(b) of the International Banking Act
of 1978), the Board of Governors of the Federal Reserve System as to a
State member bank, an uninsured State branch or State agency (as such
terms are defined in paragraphs (11) and (12) of section 1(b) of the
International Banking Act of 1978), or an organization operating under
section 25 or section 25(a) \1\ of the Federal Reserve Act, or the
Federal Deposit Insurance Corporation as to any other insured bank,
including any insured branch (as defined in section 3(s) of the Federal
Deposit Insurance Act),,\2\ or from the board of directors of such bank
or organization, except when ordered to do so by a court of competent
jurisdiction, or by direction of the Congress of the United States, or
either House thereof, or any committee of Congress or either House duly
authorized or as authorized by section 714 of title 31 shall be fined
under this title or imprisoned not more than one year or both.
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\1\ See References in Text note below.
\2\ So in original.
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(June 25, 1948, ch. 645, 62 Stat. 791; Pub. L. 95-320, Sec. 3, July 21,
1978, 92 Stat. 393; Pub. L. 97-258, Sec. 3(e)(1), Sept. 13, 1982, 96
Stat. 1064; Pub. L. 101-647, title XXV, Sec. 2597(k), Nov. 29, 1990, 104
Stat. 4911; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), Sept. 13,
1994, 108 Stat. 2147.)
Historical and Revision Notes
Based on section 594 of title 12, U.S.C., 1940 ed., Banks and
Banking (Dec. 23, 1913, ch. 6, Sec. 22 [second and third sentences of
second paragraph], 38 Stat. 272, 273; Sept. 26, 1918, ch. 177, Sec. 5
[22(b), second paragraph], 40 Stat. 970; Aug. 23, 1935, ch. 614,
Sec. 326(b), 49 Stat. 716).
Other provisions of section 594 of title 12, U.S.C., 1940 ed., Banks
and Banking, were consolidated with similar provisions from other
sections, to form section 1909 of this title.
Changes were made in phraseology.
References in Text
Section 1(b) of the International Banking Act of 1978, referred to
in text, is classified to section 3101 of Title 12, Banks and Banking.
Section 25 of the Federal Reserve Act, referred to in text, is
classified to subchapter I (Sec. 601 et seq.) of chapter 6 of Title 12.
Section 25(a) of the Federal Reserve Act, which is classified to
subchapter II (Sec. 611 et seq.) of chapter 6 of Title 12, was
renumbered section 25A of that act by Pub. L. 102-242, title I,
Sec. 142(e)(2), Dec. 19, 1991, 105 Stat. 2281.
Section 3(s) of the Federal Deposit Insurance Act, referred to in
text, is classified to section 1813(s) of Title 12.
Amendments
1994--Pub. L. 103-322 substituted ``fined under this title'' for
``fined not more than $5,000''.
1990--Pub. L. 101-647 substituted ``System, any bank insured'' for
``System, or bank insured'' and inserted ``, any branch or agency of a
foreign bank (as such terms are defined in paragraphs (1) and (3) of
section 1(b) of the International Banking Act of 1978), or any
organization operating under section 25 or section 25(a) of the Federal
Reserve Act,'' after ``by the Federal Deposit Insurance Corporation'',
``branch, agency, or organization,'' after ``proper officers of such
bank,'', ``or a Federal branch or Federal agency (as such terms are
defined in paragraphs (5) and (6) of section 1(b) of the International
Banking Act of 1978)'' after ``national bank'', ``, an uninsured State
branch or State agency (as such terms are defined in paragraphs (11) and
(12) of section 1(b) of the International Banking Act of 1978), or an
organization operating under section 25 or section 25(a) of the Federal
Reserve Act'' after ``as to a State member bank'', ``, including any
insured branch (as defined in section 3(s) of the Federal Deposit
Insurance Act),'' after ``any other insured bank'', and ``or
organization'' after ``board of directors of such bank''.
1982--Pub. L. 97-258 substituted ``section 714 of title 31'' for
``section 117(e) of the Accounting and Auditing Act of 1950'' wherever
appearing.
1978--Pub. L. 95-320 substituted ``from a bank examination report''
for ``by bank examiner'' in section catchline and, in text, substituted
``public or private, or a General Accounting Office employee with access
to bank examination report information under section 117(e) of the
Accounting and Auditing Act of 1950, discloses'' for ``public or
private, discloses'', ``examined by him or subject to General Accounting
Office audit under section 117(e) of the Accounting and Auditing Act of
1950 to other than'' for ``, examined by him, to other than'', and
``either House duly authorized or as authorized by section 117(e) of the
Accounting and Auditing Act of 1950 shall be fined'' for ``either House
duly authorized, shall be fined''.
Exception as to Transfer of Functions
Functions vested by any provision of law in Comptroller of the
Currency, referred to in this section, were not included in transfer of
functions of officers, agencies, and employees of Department of the
Treasury to Secretary of the Treasury, made by Reorg. Plan No. 26, of
1950, Sec. 1, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out
in the Appendix to Title 5, Government Organization and Employees.
Section Referred to in Other Sections
This section is referred to in title 12 section 503.
