§ 1005. Bank entries, reports and transactions

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1948

   Pub. L. 80–645 · 62 Stat. 683

   Enacted · 18 U.S.C. § 1005

   June 25, 1948, ch. 645, 62 Stat. 750

   Source evidence

   Code source credit
   June 25, 1948, ch. 645, 62 Stat. 750

2. 1989

   Financial Institutions Reform, Recovery, and Enforcement Act of 1989

   Pub. L. 101–73 title IX § 961(d) · 103 Stat. 183

   1. Inserted · 18 U.S.C. § 1005

      Pub. L. 101–73 in first par. inserted “bank or savings and loan holding company,” after “member bank,”, in third par. inserted “or company” after “bank” wherever appearing

   2. Substituted · 18 U.S.C. § 1005

      Pub. L. 101–73 in first par. substituted a semicolon for the dash after “Federal Reserve System”

   3. Substituted · 18 U.S.C. § 1005

      Pub. L. 101–73 in first par. added fourth par. reading: “Whoever with intent to defraud the United States or any agency thereof, or any financial institution referred to in this section, participates or shares in or receives (directly or indirectly) any money, profit, property, or benefits through any transaction, loan, commission, contract, or any other act of any such financial institution—”, and, in fifth par. substituted “$1,000,000” for “$5,000”

   4. Substituted · 18 U.S.C. § 1005

      Pub. L. 101–73 in first par. added fourth par. reading: “Whoever with intent to defraud the United States or any agency thereof, or any financial institution referred to in this section, participates or shares in or receives (directly or indirectly) any money, profit, property, or benefits through any transaction, loan, commission, contract, or any other act of any such financial institution—”, and, in fifth par. substituted “20 years” for “five years”

   Source evidence

   Code amendment note
   Pub. L. 101–73 in first par. inserted “bank or savings and loan holding company,” after “member bank,”, in third par. inserted “or company” after “bank” wherever appearing and substituted a semicolon for the dash after “Federal Reserve System”, added fourth par. reading: “Whoever with intent to defraud the United States or any agency thereof, or any financial institution referred to in this section, participates or shares in or receives (directly or indirectly) any money, profit, property, or benefits through any transaction, loan, commission, contract, or any other act of any such financial institution—”, and, in fifth par. substituted “$1,000,000” for “$5,000” and “20 years” for “five years”.

   Enacted provision · exact public law section
   (d) Bank Entries, Reports, and Transactions.— Section 1005 of title 18, United States Code, is amended— (1) in the 1st paragraph, by inserting “bank or savings and loan holding company,” after “member bank,”; (2) in the 3rd paragraph— (A) by inserting “or company” after “bank” each place it appears; and (B) by striking the “—”at the end and inserting a semicolon; (3) by adding after the 3rd paragraph the following: “Whoever with intent to defraud the United States or any agency Fraud. thereof, or any financial institution referred to in this section, participates or shares in or receives (directly or indirectly) any money, profit, property, or benefits through any transaction, loan, commission, contract, or any other act of any such financial institution—”; (4) by striking “$5,000” and inserting “$1,000,000”; and (5) by striking “five” and inserting “20”.

3. 1990

   Comprehensive Thrift and Bank Fraud Prosecution and Taxpayer Recovery Act of 1990

   Pub. L. 101–647 title XXV · 104 Stat. 4789

   1. Substituted · 18 U.S.C. § 1005

      Pub. L. 101–647, §§ 2504(d), 2595(a)(3)(A), (B), 2597(h), in first par. substituted “depository institution” for “bank or savings and loan” before “years”

   2. Substituted · 18 U.S.C. § 1005

      Pub. L. 101–647, §§ 2504(d), 2595(a)(3)(A), (B), 2597(h), in first par. substituted “national bank, insured bank, branch or agency of a foreign bank, or organization operating under section 25 or section 25(a) of the Federal Reserve Act,” for “national bank or insured bank” before “years”

   3. Substituted · 18 U.S.C. § 1005

      Pub. L. 101–647, §§ 2504(d), 2595(a)(3)(A), (B), 2597(h), in first par. substituted “of such bank, branch, agency, or organization or company” for “of such bank” before “years”

   4. Substituted · 18 U.S.C. § 1005

      Pub. L. 101–647, §§ 2504(d), 2595(a)(3)(A), (B), 2597(h), in first par. substituted “bank, company, branch, agency, or organization” for “bank or company” before “years”

   5. Substituted · 18 U.S.C. § 1005

      Pub. L. 101–647, §§ 2504(d), 2595(a)(3)(A), (B), 2597(h), in first par. substituted “30” for “20” before “years”

   Source evidence

   Code amendment note
   Pub. L. 101–647, §§ 2504(d), 2595(a)(3)(A), (B), 2597(h), in first par. substituted “depository institution” for “bank or savings and loan”, “national bank, insured bank, branch or agency of a foreign bank, or organization operating under section 25 or section 25(a) of the Federal Reserve Act,” for “national bank or insured bank”, and “of such bank, branch, agency, or organization or company” for “of such bank” in two places, in third par. substituted “bank, company, branch, agency, or organization” for “bank or company” in four places, and in fifth par. substituted “30” for “20” before “years”.

   Enacted provision · exact public law
   TITLE XXV— BANKING LAW ENFORCEMENT SEC. 2500. SHORT TITLE. This title may be cited as the “Comprehensive Thrift and Bank Fraud Prosecution and Taxpayer Recovery Act of 1990”. Subtitle A— Enhanced Criminal Penalties SEC. 2501. CONCEALMENT OF ASSETS FROM FDIC, RTC, OR NCUA ESTABLISHED AS CRIMINAL OFFENSE. (a) In General.— Chapter 47 of title 18, United States Code, is amended by adding at the end the following new section: “§ 1032. Concealment of assets from conservator, receiver, or liquidating agent of financial institution “Whoever— “(1) knowingly conceals or endeavors to conceal an asset or property from the Federal Deposit Insurance Corporation, acting as conservator or receiver or in the Corporation’s corporate capacity with respect to any asset acquired or liability assumed by the Corporation under section 11, 12, or 13, of the Federal Deposit Insurance Act, the Resolution Trust Corporation, any conservator appointed by the Comptroller of the Currency or the Director of the Office of Thrift Supervision, or the National Credit Union Administration Board, acting as conservator or liquidating agent; “(2) corruptly impedes or endeavors to impede the functions of such Corporation, Board, or conservator; or “(3) corruptly places or endeavors to place an asset or property beyond the reach of such Corporation, Board, or conservator, shall be fined under this title or imprisoned not more than 5 years, or both.”. (b) Clerical Amendment.— The table of sections for chapter 47 of title 18, United States Code, is amended by inserting after the item relating to section 1031 the following new item: “1032. Concealment of assets from conservator, receiver, or liquidating agent of financial institution.”. SEC. 2502. PROHIBITION ON CONTROL OF OR PARTICIPATION IN DEPOSITORY INSTITUTION BY CERTAIN CONVICTED PERSONS. (a) FDIC Insured Depository Institutions.— Section 19(a) of the Federal Deposit Insurance Act (12 U.S.C. 1829(a)) is amended to read as follows: “(a) Prohibition.— “(1) In general.— Except with the prior written consent of the Corporation— “(A) any person who has been convicted of any criminal offense involving dishonesty or a breach of trust, or has agreed to enter into a pretrial diversion or similar program in connection with a prosecution for such offense, may not— “(i) become, or continue as, an institution-affiliated party with respect to any insured depository institution; “(ii) own or control, directly or indirectly, any insured depository institution; or “(iii) otherwise participate, directly or indirectly, in the conduct of the affairs of any insured depository institution; and “(B) any insured depository institution may not permit any person referred to in subparagraph (A) to engage in any conduct or continue any relationship prohibited under such subparagraph. “(2) Minimum 10-year prohibition period for certain offenses.— “(A) In general.— If the offense referred to in paragraph (1)(A) in connection with any person referred to in such paragraph is— “(i) an offense under— “(I) section 215, 656, 657, 1005, 1006, 1007, 1008, 1014, 1032, 1344, or 1956 of title 18, United States Code; or “(II) section 1341 or 1343 of such title which affects any financial institution (as defined in section 20 of such title); or “(ii) the offense of conspiring to commit any such offense, the Corporation may not consent to any exception to the application of paragraph (1) to such person during the 10-year period beginning on the date the conviction or the agreement of the person becomes final. “(B) Exception by order of sentencing court.— “(i) In general.— On motion of the Corporation, the court in which the conviction or the agreement of a person referred to in subparagraph (A) has been entered may grant an exception to the application of paragraph (1) to such person if granting the exception is in the interest of justice. “(ii) Period for filing.— A motion may be filed under clause (i) at any time during the 10-year period described in subparagraph (A) with regard to the person on whose behalf such motion is made.”. SEC. 2503. CRIME OF OBSTRUCTING AN EXAMINER. (a) In General.— Chapter 73 of title 18, United States Code (relating to obstruction of justice) is amended by inserting after section 1516 the following new section: “§ 1517. Obstructing examination of financial institution “Whoever corruptly obstructs or attempts to obstruct any examination of a financial institution by an agency of the United States with jurisdiction to conduct an examination of such financial institution shall be fined under this title, imprisoned not more than 5 years, or both.”. (b) Clerical Amendment.— The table of sections for chapter 73 of title 18, United States Code, is amended by inserting after the item relating to section 1516 the following new item: “1517. Obstructing examination of financial institution.”. SEC. 2504. INCREASING BANK FRAUD AND EMBEZZLEMENT PENALTIES. (a) Receipt of Commissions or Gifts for Procuring Loans.— Section 215(a) of title 18, United States Code, is amended by striking “20” and inserting “30”. (b) Theft, Embezzlement, or Misapplication by Bank Officer or Employee.— Section 656 of title 18, United States Code, is amended by striking “20” and inserting “30”. (c) Lending, Credit, and Insurance Institutions.— Section 657 of title 18, United States Code, is amended by striking “20” and inserting “30”. (d) Bank Entries, Reports, and Transactions.— Section 1005 of title 18, United States Code, is amended by striking “20” and inserting “30”. (e) Federal Credit Institution Entries, Reports, and Transactions.— Section 1006 of title 18, United States Code, is amended by striking “20” and inserting “30”. (f) Federal Deposit Insurance Corporation Transactions.— Section 1007 of title 18, United States Code, is amended by striking “20” and inserting “30”. (g) False Statements in Loan, Credit, and Crop Insurance Applications.— Section 1014 of title 18, United States Code, is amended by striking “20” and inserting “30”. (h) Frauds and Swindles Affecting Financial Institutions.— The last sentence of section 1341 of title 18, United States Code, is amended by striking “20” and inserting “30”. (i) Wire Frauds Affecting Financial Institutions.— The last sentence of section 1343 of title 18, United States Code, is amended by striking “20” and inserting “30”. (j) Bank Fraud.— Section 1344 of title 18, United States Code, is amended by striking “20” and inserting “30”. SEC. 2505. STATUTE OF LIMITATIONS FOR RICO OFFENSES INVOLVING FINANCIAL INSTITUTIONS. (a) In General.— Section 3293 of title 18, United States Code, is amended— (1) by striking “or” at the end of paragraph (1); (2) by inserting “or” at the end of paragraph (2); and (3) by inserting after paragraph (2) the following new paragraph: “(3) section 1963, to the extent that the racketeering activity involves a violation of section 1344;”. (b) Scope of Application.— The amendments made by subsection (a) shall apply to any offense committed before the date of the enactment of this section, if the statute of limitations applicable to that offense had not run as of such date. SEC. 2506. MONEY LAUNDERING INVOLVING BANK CRIMES. Section 1956(c)(7)(1) of title 18, United States Code, is amended— (1) by inserting “section 1005 (relating to fraudulent bank entries), 1006 (relating to fraudulent Federal credit institution entries), 1007 (relating to Federal Deposit Insurance transactions), 1014 (relating to fraudulent loan or credit applications), 1032 (relating to concealment of assets from conservator, receiver, or liquidating agent of financial institution), ” after “section 875 (relating to interstate communications),”; and (2) by inserting “section 1341 (relating to mail fraud) or section 1343 (relating to wire fraud) affecting a financial institution,” after “section 1203 (relating to hostage taking),”. SEC. 2507. INCREASED PENALTIES IN MAJOR BANK CRIME CASES. (a) Increased Penalties.— Pursuant to section 994 of title 28, United States Code, and section 21 of the Sentencing Act of 1987, the United States Sentencing Commission shall promulgate guidelines, or amend existing guidelines, to provide that a defendant convicted of violating, or conspiring to violate, section 215, 656, 657, 1005, 1006, 1007, 1014, 1032, or 1344 of title 18, United States Code, or section 1341 or 1343 affecting a financial institution (as defined in section 20 of title 18, United States Code), shall be assigned not less than offense level 24 under chapter 2 of the sentencing guidelines if the defendant derives more than $1,000,000 in gross receipts from the offense. (b) Amendments to Sentencing Guidelines.— If the sentencing guidelines are amended after the effective date of this section, the Sentencing Commission shall implement the instruction set forth in subsection (a) so as to achieve a comparable result. SEC. 2508. RESTORATION OF PROPERTY FOR VICTIMS OF BANK CRIMES. Section 981(e) of title 18, United States Code, is amended— (1) by striking out “or” at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting a semicolon; and (3) by adding after paragraph (5) the following new paragraph: “(6) in the case of property referred to in subsection (a)(1)(C), restore forfeited property to any victim of an offense described in subsection (a)(1)(C); or”. SEC. 2509. ENHANCEMENT OF ABILITY TO ORDER RESTITUTION IN CERTAIN FRAUD CASES. Section 3663(a) of title 18, United States Code, is amended— (1) by inserting “(1)” after “(a)”; and (2) by adding at the end the following: “(2) For the purposes of restitution, a victim of an offense that involves as an element a scheme, a conspiracy, or a pattern of criminal activity means any person directly harmed by the defendant’s criminal conduct in the course of the scheme, conspiracy, or pattern. “(3) The court may also order restitution in any criminal case to the extent agreed to by the parties in a plea agreement.”. SEC. 2510. FINANCIAL CRIME KINGPIN STATUTE. (a) Continuing Financial Crime Enterprises.— Chapter 11 of title 18, United States Code, is amended by adding at the end thereof the following new section: “§ 225. Continuing financial crimes enterprise “(a) Whoever— “(1) organizes, manages, or supervises a continuing financial crimes enterprise; and “(2) receives $5,000,000 or more in gross receipts from such enterprise during any 24-month period, shall be fined not more than $10,000,000 if an individual, or $20,000,000 if an organization, and imprisoned for a term of not less than 10 years and which may be life. “(b) For purposes of subsection (a), the term ‘continuing financial crimes enterprise’ means a series of violations under section 215, 656, 657, 1005, 1006, 1007, 1014, 1032, or 1344 of this title, or section 1341 or 1343 affecting a financial institution, committed by at least 4 persons acting in concert.”. (b) Clerical Amendment.— The table of sections for chapter 11 of title 18, United States Code, is amended by adding at the end the following new item: “225. Continuing financial crimes enterprise.”. Subtitle B— Protecting Assets From Wrongful Disposition SEC. 2521. INJUNCTIVE RELIEF; PREJUDGMENT ATTACHMENTS. (a) Injunctive Relief.— (1) Application by conservator or receiver for insured depository institutions.— Section 11(d) of the Federal Deposit Insurance Act (12 U.S.C. 1821(d)) is amended by inserting after paragraph (17) (as added by section 2511 of this title) the following new paragraphs: “(18) Attachment of assets and other injunctive relief.— Subject to paragraph (19), any court of competent jurisdiction may, at the request of— “(A) the Corporation (in the Corporation’s capacity as conservator or receiver for any insured depository institution or in the Corporation’s corporate capacity with respect to any asset acquired or liability assumed by the Corporation under section 11, 12, or 13); or “(B) any conservator appointed by the Comptroller of the Currency or the Director of the Office of Thrift Supervision, issue an order in accordance with Rule 65 of the Federal Rules of Civil Procedure, including an order placing the assets of any person designated by the Corporation or such conservator under the control of the court and appointing a trustee to hold such assets. “(19) Standards.— “(A) Showing.— Rule 65 of the Federal Rules of Civil Procedure shall apply with respect to any proceeding under paragraph (18) without regard to the requirement of such rule that the applicant show that the injury, loss, or damage is irreparable and immediate. “(B) State proceeding.— If, in the case of any proceeding in a State court, the court determines that rules of civil procedure available under the laws of such State provide substantially similar protections to such party’s right to due process as Rule 65 (as modified with respect to such proceeding by subparagraph (A)), the relief sought by the Corporation or a conservator pursuant to paragraph (18) may be requested under the laws of such State.”. (2) Application by conservator or liquidating agent for insured credit union.— Section 207(b)(2) of the Federal Credit Union Act (12 U.S.C. 1787(b)(2)) is amended by redesignating subparagraph (G) as subparagraph (I) and by inserting after subparagraph (F) the following new subparagraphs: “(G) Attachment of assets and injunctive relief.— Subject to subparagraph (H), any court of competent jurisdiction may, at the request of the Board (in the Board’s capacity as conservator or liquidating agent for any insured credit union or in the Board’s corporate capacity in the exercise of any authority under section 207), issue an order in accordance with Rule 65 of the Federal Rules of Civil Procedure, including an order placing the assets of any person designated by the Board under the control of the court and appointing a trustee to hold such assets. “(H) Standards.— “(i) Showing.— Rule 65 of the Federal Rules of Civil Procedure shall apply with respect to any proceeding under subparagraph (G) without regard to the requirement of such rule that the applicant show that the injury, loss, or damage is irreparable and immediate. “(ii) State proceeding.— If, in the case of any proceeding in a State court, the court determines that rules of civil procedure available under the laws of such State provide substantially similar protections to such party’s right to due process as Rule 65 (as modified with respect to such proceeding by clause (i)), the relief sought by the Board pursuant to subparagraph (G) may be requested under the laws of such State.”. (b) Prejudgment Attachments.— (1) Appropriate federal banking agencies.— Section 8(i) of the Federal Deposit Insurance Act (12 U.S.C. 1818(i)) is amended by adding at the end the following new paragraph: “(4) Prejudgment attachment.— “(A) In general.— In any action brought by an appropriate Federal banking agency (excluding the Corporation when acting in a manner described in section ll(d)(18)) pursuant to this section, or in actions brought in aid of, or to enforce an order in, any administrative or other civil action for money damages, restitution, or civil money penalties brought by such agency, the court may, upon application of the agency, issue a restraining order that— “(i) prohibits any person subject to the proceeding from withdrawing, transferring, removing, dissipating, or disposing of any funds, assets or other property; and “(ii) appoints a temporary receiver to administer the restraining order. “(B) Standard.— A permanent or temporary injunction or restraining order shall be granted without bond upon a prima facie showing that money damages, restitution, or civil money penalties, as sought by such agency, is appropriate.”. (2) Attorney general.— Section 1345 of title 18, United States Code, is amended— (1) by striking the 1st sentence and inserting the following: “(a) (1) If a person is— “(A) violating or about to violate this chapter or section 287, 371 (insofar as such violation involves a conspiracy to defraud the United States or any agency thereof), or 1001 of this title; or “(B) committing or about to commit a banking law violation (as defined in section 3322(d) of this title), the Attorney General may commence a civil action in any Federal court to enjoin such violation. “(2) If a person is alienating or disposing of property, or intends to alienate or dispose of property, obtained as a result of a banking law violation (as defined in section 3322(d) of this title) or property which is traceable to such violation, the Attorney General may commence a civil action in any Federal court— “(A) to enjoin such alienation or disposition of property; or “(B) for a restraining order to— “(i) prohibit any person from withdrawing, transferring, removing, dissipating, or disposing of any such property or property of equivalent value; and “(ii) appoint a temporary receiver to administer such restraining order. (3) A permanent or temporary injunction or restraining order shall be granted without bond.”; and (2) by redesignating the material remaining in such section as subsection (b). SEC. 2522. NONDISCHARGE OF DEBTS IN FEDERAL BANKRUPTCY INVOLVING OBLIGATIONS ARISING FROM A BREACH OF FIDUCIARY DUTY; DISALLOWING USE OF BANKRUPTCY TO EVADE COMMITMENTS TO MAINTAIN THE CAPITAL OF A FEDERALLY INSURED DEPOSITORY INSTITUTION OR TO EVADE CIVIL OR CRIMINAL LIABILITY. (a) Exception To Discharge in General.— Section 523 of title 11, United States Code, is amended— (1) in subsection (a) by— (A) striking “or” at the end of paragraph (9); (B) striking the period at the end of paragraph (10) and inserting a semicolon; and (C) adding at the end thereof the following new paragraphs: “(11) provided in any final judgment, unreviewable order, or consent order or decree entered in any court of the United States or of any State, issued by a Federal depository institutions regulatory agency, or contained in any settlement agreement entered into by the debtor, arising from any act of fraud or defalcation while acting in a fiduciary capacity committed with respect to any depository institution or insured credit union; or “(12) for malicious or reckless failure to fulfill any commitment by the debtor to a Federal depository institutions regulatory agency to maintain the capital of an insured depository institution, except that this paragraph shall not extend any such commitment which would otherwise be terminated due to any act of such agency;”; and (2) by adding at the end thereof the following new subsections: “(e) Any institution-affiliated party of a depository institution or insured credit union shall be considered to be acting in a fiduciary capacity with respect to the purposes of subsection (a) (4) or (11).”; and (3) in subsection (c)— (A) by inserting “(1)” after “(c)”; and (B) by adding at the end the following: “(2) Paragraph (1) shall not apply in the case of a Federal depository institutions regulatory agency seeking, in its capacity as conservator, receiver, or liquidating agent for an insured depository institution, to recover a debt described in subsection (a)(2), (a)(4), (a)(6), or (a)(11) owed to such institution by an institution-affiliated party unless the receiver, conservator, or liquidating agent was appointed in time to reasonably comply, or for a Federal depository institutions regulatory agency acting in its corporate capacity as a successor to such receiver, conservator, or liquidating agent to reasonably comply, with subsection (a)(3)(B) as a creditor of such institution-affiliated party with respect to such debt.”. (b) Exception to Exemptions.— Section 522(c) of title 11, United States Code, is amended— (1) in paragraph (1) by striking “or” at the end; (2) in paragraph (2) by striking the period and inserting “; or”; and (3) by adding at the end the following: “(3) a debt of a kind specified in section 523(a)(4) or 523(a)(6) of this title owed by an institution-affiliated party of an insured depository institution to a Federal depository institutions regulatory agency acting in its capacity as conservator, receiver, or liquidating agent for such institution.”. (c) Assumption of commitments as executory contracts.— Section 365 of title 11, United States Code, is amended by adding at the end thereof the following: “(o) In a case under chapter 11 of this title, the trustee shall be deemed to have assumed (consistent with the debtor’s other obligations under section 507), and shall immediately cure any deficit under, any commitment by the debtor to the Federal Deposit Insurance Corporation, the Resolution Trust Corporation, the Director of the Office of Thrift Supervision, the Comptroller of the Currency, or the Board of Governors of the Federal Reserve System, or its predecessors or successors, to maintain the capital of an insured depository institution, and any claim for a subsequent breach of the obligations thereunder shall be entitled to priority under section 507. This subsection shall not extend any commitment that would otherwise be terminated by any act of such an agency.”. (d) Commitments To Maintain the Capital of Federally Insured Depository Institutions.— Section 507(a) of title 11, United States Code, is amended by adding at the end the following new paragraph: “(8) Eighth, allowed unsecured claims based upon any commitment by the debtor to the Federal Deposit Insurance Corporation, the Resolution Trust Corporation, the Director of the Office of Thrift Supervision, the Comptroller of the Currency, or the Board of Governors of the Federal Reserve System, or their predecessors or successors, to maintain the capital of an insured depository institution.”. (e) Definitions.— Section 101 of title 11, United States Code, is amended— (1) by redesignating paragraphs (32) through (53) as paragraphs (36) through (57), respectively; (2) by inserting before paragraph (36), as so redesignated, the following: “(33) ‘institution-affiliated party’— “(A) with respect to an insured depository institution (as defined in section 3(c)(2) of the Federal Deposit Insurance Act), has the meaning given it in section 3(u) of the Federal Deposit Insurance Act (12 U.S.C. 1813(u)); and “(B) with respect to an insured credit union, has the meaning given it in section 206(r) of the Federal Credit Union Act (12 U.S.C. 1786(r)); “(34) ‘insured credit union’ has the meaning given it in section 101(7) of the Federal Credit Union Act (12 U.S.C. 1752(7)); “(35) ‘insured depository institution’— “(A) has the meaning given it in section 3(c)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)(2)); and “(B) includes an insured credit union (except in the case of paragraphs (3) and (33)(A) of this subsection);”; (3) by redesignating paragraphs (3) through (31) as paragraphs (4) through (32), respectively; and (4) by inserting after paragraph (2) the following: (3) ‘Federal depository institutions regulatory agency’ means— “(A) with respect to an insured depository institution (as defined in section 3(c)(2) of the Federal Deposit Insurance Act) for which no conservator or receiver has been appointed, the appropriate Federal banking agency (as defined in section 3(q) of such Act); “(B) with respect to an insured credit union (including an insured credit union for which the National Credit Union Administration has been appointed conservator or liquidating agent), the National Credit Union Administration; “(C) with respect to any insured depository institution for which the Resolution Trust Corporation has been appointed conservator or receiver, the Resolution Trust Corporation; and “(D) with respect to any insured depository institution for which the Federal Deposit Insurance Corporation has been appointed conservator or receiver, the Federal Deposit Insurance Corporation;”. SEC. 2523. REGULATION OF GOLDEN PARACHUTES AND OTHER BENEFITS WHICH ARE SUBJECT TO MISUSE. (a) FDIC Insured Depository Institutions.— Section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is amended by inserting after subsection (j) the following new subsection: “(k) Authority To Regulate or Prohibit Certain Forms of Benefits to Institution-Affiliated Parties.— “(1) Golden parachutes and indemnification payments.— The Corporation may prohibit or limit, by regulation or order, any golden parachute payment or indemnification payment. “(2) Factors to be taken into account.— The Corporation shall prescribe, by regulation, the factors to be considered by the Corporation in taking any action pursuant to paragraph (1) which may include such factors as the following: “(A) Whether there is a reasonable basis to believe that the institution-affiliated party has committed any fraudulent act or omission, breach of trust or fiduciary duty, or insider abuse with regard to the depository institution or depository institution holding company that has had a material affect on the financial condition of the institution. “(B) Whether there is a reasonable basis to believe that the institution-affiliated party is substantially responsible for the insolvency of the depository institution or depository institution holding company, the appointment of a conservator or receiver for the depository institution, or the depository institution’s troubled condition (as defined in the regulations prescribed pursuant to section 32(f)). “(C) Whether there is a reasonable basis to believe that the institution-affiliated party has materially violated any applicable Federal or State banking law or regulation that has had a material affect on the financial condition of the institution. “(D) Whether there is a reasonable basis to believe that the institution-affiliated party has violated or conspired to violate— “(i) section 215, 656, 657, 1005, 1006, 1007, 1014, 1032, or 1344 of title 18, United States Code; or “(ii) section 1341 or 1343 of such title affecting a federally insured financial institution. “(E) Whether the institution-affiliated party was in a position of managerial or fiduciary responsibility. “(F) The length of time the party was affiliated with the insured depository institution or depository institution holding company and the degree to which— “(i) the payment reasonably reflects compensation earned over the period of employment; and “(ii) the compensation involved represents a reasonable payment for services rendered. “(3) Certain payments prohibited.— No insured depository institution or depository institution holding company may prepay the salary or any liability or legal expense of any institution-affiliated party if such payment is made— “(A) in contemplation of the insolvency of such institution or holding company or after the commission of an act of insolvency; and “(B) with a view to, or has the result of— “(i) preventing the proper application of the assets of the institution to creditors; or “(ii) preferring one creditor over another. “(4) Golden parachute payment defined.— For purposes of this subsection— “(A) In general.— The term ‘golden parachute payment’ means any payment (or any agreement to make any payment) in the nature of compensation by any insured depository institution or depository institution holding company for the benefit of any institution-affiliated party pursuant to an obligation of such institution or holding company that— “(i) is contingent on the termination of such party’s affiliation with the institution or holding company; and “(ii) is received on or after the date on which— “(I) the insured depository institution or depository institution holding company, or any insured depository institution subsidiary of such holding company, is insolvent; “(II) any conservator or receiver is appointed for such institution; or “(III) the institution’s appropriate Federal banking agency determines that the insured depository institution is in a troubled condition (as defined in the regulations prescribed pursuant to section 32(f); “(IV) the insured depository institution has been assigned a composite rating by the appropriate Federal banking agency or the Corporation of 4 or 5 under the Uniform Financial Institutions Rating System; or “(V) the insured depository institution is subject to a proceeding initiated by the Corporation to terminate or suspend deposit insurance for such institution. “(B) Certain payments in contemplation of an event.— Any payment which would be a golden parachute payment but for the fact that such payment was made before the date referred to in subparagraph (A)(ii) shall be treated as a golden parachute payment if the payment was made in contemplation of the occurrence of an event described in any subclause of such subparagraph. “(C) Certain payments not included.— The term ‘golden parachute payment’ shall not include— “(i) any payment made pursuant to a retirement plan which is qualified (or is intended to be qualified) under section 401 of the Internal Revenue Code of 1986 or other nondiscriminatory benefit plan; “(ii) any payment made pursuant to a bona fide deferred compensation plan or arrangement which the Board determines, by regulation or order, to be permissible; or “(iii) any payment made by reason of the death or disability of an institution-affiliated party. “(5) Other definitions.— For purposes of this subsection— “(A) Indemnification payment.— Subject to paragraph (6), the term ‘indemnification payment’ means any payment (or any agreement to make any payment) by any insured depository institution or depository institution holding company for the benefit of any person who is or was an institution-affiliated party, to pay or reimburse such person for any liability or legal expense with regard to any administrative proceeding or civil action instituted by the appropriate Federal banking agency which results in a final order under which such person— “(i) is assessed a civil money penalty; “(ii) is removed or prohibited from participating in conduct of the affairs of the insured depository institution; or “(iii) is required to take any affirmative action described in section 8(b)(6) with respect to such institution. “(B) Liability or legal expense.— The term ‘liability or legal expense’ means— “(i) any legal or other professional expense incurred in connection with any claim, proceeding, or action; “(ii) the amount of, and any cost incurred in connection with, any settlement of any claim, proceeding, or action; and “(iii) the amount of, and any cost incurred in connection with, any judgment or penalty imposed with respect to any claim, proceeding, or action. “(C) Payment.— The term ‘payment’ includes— “(i) any direct or indirect transfer of any funds or any asset; and “(ii) any segregation of any funds or assets for the purpose of making, or pursuant to an agreement to make, any payment after the date on which such funds or assets are segregated, without regard to whether the obligation to make such payment is contingent on— “(I) the determination, after such date, of the liability for the payment of such amount; or “(II) the liquidation, after such date, of the amount of such payment. “(6) Certain commercial insurance coverage not treated as covered benefit payment.— No provision of this subsection shall be construed as prohibiting any insured depository institution or depository institution holding company from purchasing any commercial insurance policy or fidelity bond, except that, subject to any requirement described in paragraph (5)(A)(iii), such insurance policy or bond shall not cover any legal or liability expense of the institution or holding company which is described in paragraph (5)(A).”. (b) NCUA Insured Credit Unions Depository Institutions.— Section 206 of the Federal Credit Union Act (12 U.S.C. 1786) is amended by adding at the end the following new subsection: “(t) Regulation of Certain Forms of Benefits to Institution-Affiliated Parties.— “(1) Golden parachutes and indemnification payments.— The Board may prohibit or limit, by regulation or order, any golden parachute payment or indemnification payment. “(2) Factors to be taken into account.— The Board shall Regulations. prescribe, by regulation, the factors to be considered by the Board in taking any action pursuant to paragraph (1) which may include such factors as the following: “(A) Whether there is a reasonable basis to believe that the institution-affiliated party has committed any fraudulent act or omission, breach of trust or fiduciary duty, or insider abuse with regard to the credit union that has had a material affect on the financial condition of the credit union. “(B) Whether there is a reasonable basis to believe that the institution-affiliated party is substantially responsible for the insolvency of the credit union, the appointment of a conservator or liquidating agent for the credit union, or the credit union’s troubled condition (as defined in prescribed by the Board pursuant to paragraph (4)(A)(ii)(III)). “(C) Whether there is a reasonable basis to believe that the institution-affiliated party has materially violated any applicable Federal or State banking law or regulation that has had a material affect on the financial condition of the credit union. “(D) Whether there is a reasonable basis to believe that the institution-affiliated party has violated or conspired to violate— “(i) section 215, 656, 657, 1005, 1006, 1007, 1014, 1032, or 1344 of title 18, United States Code; or “(ii) section 1341 or 1343 of such title affecting a financial institution. “(E) Whether the institution-affiliated party was in a position of managerial or fiduciary responsibility. “(F) The length of time the party was affiliated with the credit union and the degree to which— “(i) the payment reasonably reflects compensation earned over the period of employment; and “(ii) the compensation involved represents a reasonable payment for services rendered. “(3) Certain payments prohibited.— No credit union may prepay the salary or any liability or legal expense of any institution-affiliated party if such payment is made— “(A) in contemplation of the insolvency of such credit union or after the commission of an act of insolvency; and “(B) with a view to, or has the result of— “(i) preventing the proper application of the assets of the credit union; or “(ii) preferring one creditor over another. “(4) Golden parachute payment defined.— For purposes of this subsection— “(A) In general.— The term ‘golden parachute payment’ means any payment (or any agreement to make any payment) in the nature of compensation by any credit union for the benefit of any institution-affiliated party pursuant to an obligation of such credit union that— “(i) is contingent on the termination of such party’s affiliation with the credit union; and “(ii) is received on or after the date on which— “(I) the credit union is insolvent; “(II) any conservator or liquidating agent is appointed for such credit union; or “(III) the Board determines that the credit union is in a troubled condition (as defined in regulations which the Board shall prescribe); “(IV) the credit union has been assigned a composite rating by the Board of 4 or 5 under the Uniform Financial Institutions Rating System (as applicable with respect to credit unions); or “(V) the credit union is subject to a proceeding initiated by the Board to terminate or suspend deposit insurance for such credit union. “(B) Certain payments in contemplation of an event.— Any payment which would be a golden parachute payment but for the fact that such payment was made before the date referred to in subparagraph (A)(ii) shall be treated as a golden parachute payment if the payment was made in contemplation of the occurrence of an event described in any subclause of such subparagraph. “(C) Certain payments not included.— The term ‘golden parachute payment’ shall not include— “(i) any payment made pursuant to a retirement plan which is qualified (or is intended to be qualified) under section 401 of the Internal Revenue Code of 1986 or other nondiscriminatory retirement or severance benefit plan; “(ii) any payment made pursuant to a bona fide deferred compensation plan or arrangement which the Board determines, by regulation or order, to be permissible; or “(iii) any payment made by reason of the death or disability of an institution-affiliated party. “(5) Other definitions.— For purposes of this subsection— “(A) Indemnification payment.— Subject to paragraph (6), the term ‘indemnification payment’ means any payment (or any agreement to make any payment) by any credit union for the benefit of any person who is or was an institution-affiliated party, to pay or reimburse such person for any liability or legal expense with regard to any administrative proceeding or civil action instituted by the Board which results in a final order under which such person— “(i) is assessed a civil money penalty; “(ii) is removed or prohibited from participating in conduct of the affairs of the credit union; or “(iii) is required to take any affirmative action described in section 206(e)(3) with respect to such credit union. “(B) Liability or legal expense.— The term ‘liability or legal expense’ means— “(i) any legal or other professional expense incurred in connection with any claim, proceeding, or action; “(ii) the amount of, and any cost incurred in connection with, any settlement of any claim, proceeding, or action; and “(iii) the amount of, and any cost incurred in connection with, any judgment or penalty imposed with respect to any claim, proceeding, or action. “(C) Payment.— The term ‘payment’ includes— “(i) any direct or indirect transfer of any funds or any asset; and “(ii) any segregation of any funds or assets for the purpose of making, or pursuant to an agreement to make, any payment after the date on which such funds or assets are segregated, without regard to whether the obligation to make such payment is contingent on— “(I) the determination, after such date, of the liability for the payment of such amount; or “(II) the liquidation, after such date, of the amount of such payment. “(6) Certain commercial insurance coverage not treated as covered benefit payment.— No provision of this subsection shall be construed as prohibiting any credit union from purchasing any commercial insurance policy or fidelity bond, except that, subject to any requirement described in paragraph (5)(A)(iii), such insurance policy or bond shall not cover any legal or liability expense of the credit union which is described in paragraph (5)(A).”. SEC. 2524. AMENDMENTS RELATING TO CIVIL FORFEITURE. Section 981 of title 18, United States Code, is amended— (1) in subsection (a)(1)(C)— (A) by inserting “1032,” after “1014,”; and (B) by inserting “or a violation of section 1341 or 1343 of such title affecting a financial institution” before the period; (2) in subsection (b)— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; and (B) by striking all that appears before subparagraph (A) (as so redesignated by subparagraph (A) of this paragraph) and inserting the following: “(b) (1) Any property— “(A) subject to forfeiture to the United States under subparagraph (A) or (B) of subsection (a)(1) of this section— “(i) may be seized by the Attorney General; or “(ii) in the case of property involved in a violation of section 5313(a) or 5324 of title 31, United States Code, or section 1956 or 1957 of this title investigated by the Secretary of the Treasury or the United States Postal Service, may be seized by the Secretary of the Treasury or the Postal Service; and “(B) subject to forfeiture to the United States under subparagraph (C) of subsection (a)(1) of this section may be seized by the Attorney General, the Secretary of the Treasury, or the Postal Service. “(2) Property shall be seized under paragraph (1) of this subsection upon process issued pursuant to the Supplemental Rules for certain Admiralty and Maritime Claims by any district court of the United States having jurisdiction over the property, except that seizure without such process may be made when—”; (3) in subsection (e)(3), by striking “(if the affected financial institution is in receivership or liquidation)”; and (4) in subsection (e)(4), by striking “(if the affected financial institution is not in receivership or liquidation)”. SEC. 2525. CIVIL AND CRIMINAL FORFEITURE FOR FRAUD IN THE SALE OF ASSETS BY THE RESOLUTION TRUST CORPORATION. FDIC. OR NCUA. (a) Civil Forfeiture.— (1) In general.— Section 981(a)(1) of title 18, United States Code, is amended by adding the following new subparagraphs: “(D) Any property, real or personal, which represents or is traceable to the gross receipts obtained, directly or indirectly, from a violation of— “(i) section 666(a)(1) (relating to Federal program fraud); “(ii) section 1001 (relating to fraud and false statements); “(iii) section 1031 (relating to major fraud against the United States); “(iv) section 1032 (relating to concealment of assets from conservator or receiver of insured financial institution); “(v) section 1341 (relating to mail fraud); or “(vi) section 1343 (relating to wire fraud), if such violation relates to the sale of assets acquired or held by the Resolution Trust Corporation, the Federal Deposit Insurance Corporation, as conservator or receiver for a financial institution, or any other conservator for a financial institution appointed by the Office of the Comptroller of the Currency or the Office of Thrift Supervision or the National Credit Union Administration, as conservator or liquidating agent for a financial institution. “(E) With respect to an offense listed in subsection (a)(1)(D) committed for the purpose of executing or attempting to execute any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent statements, pretenses, representations or promises, the gross receipts of such an offense shall include all property, real or personal, tangible or intangible, which thereby is obtained, directly or indirectly.”. (2) Technical and conforming amendment.— Section 981(e) of title 18, United States Code, is amended by inserting after paragraph (6) (as added by section 108(3) of this Act) the following new paragraph: “(7) In the case of property referred to in subsection (a)(1)(D), to the Resolution Trust Corporation, the Federal Deposit Insurance Corporation, or any other Federal financial institution regulatory agency (as defined in section 8(e)(7)(D) of the Federal Deposit Insurance Act)”. (b) Criminal Forfeiture.— Section 982(a) of title 18, United States Code, is amended by adding the following new paragraphs: “(3) The court, in imposing a sentence on a person convicted of an offense under— “(A) section 666(a)(1) (relating to Federal program fraud); “(B) section 1001 (relating to fraud and false statements); “(C) section 1031 (relating to major fraud against the United States); “(D) section 1032 (relating to concealment of assets from conservator, receiver, or liquidating agent of insured financial institution); “(E) section 1341 (relating to mail fraud); or “(F) section 1343 (relating to wire fraud), involving the sale of assets acquired or held by the Resolution Trust Corporation, the Federal Deposit Insurance Corporation, as conservator or receiver for a financial institution or any other conservator for a financial institution appointed by the Office of the Comptroller of the Currency or the Office of Thrift Supervision, or the National Credit Union Administration, as conservator or liquidating agent for a financial institution, shall order that the person forfeit to the United States any property, real or personal, which represents or is traceable to the gross receipts obtained, directly or indirectly, as a result of such violation. “(4) With respect to an offense listed in subsection (a)(3) committed for the purpose of executing or attempting to execute any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent statements, pretenses, representations, or promises, the gross receipts of such an offense shall include any property, real or personal, tangible or intangible, which is obtained, directly or indirectly, as a result of such offense.”. SEC. 2526. PROHIBITION ON ACQUISITIONS FROM CONSERVATORS AND RECEIVERS OF DEPOSITORY INSTITUTIONS BY CONVICTED FELONS. (c) FDIC Insured Depository Institutions.— Section 11 of the Federal Deposit Insurance Act (12 U.S.C. 1821) is amended by adding at the end the following new subsection: “(p) Certain Convicted Debtors Prohibited From Purchasing Assets.— “(1) Convicted debtors.— Except as provided in paragraph (2), any individual who— “(A) has been convicted of an offense under section 215, 656, 657, 1005, 1006, 1007, 1008, 1014, 1032, 1341, 1343, or 1344 of title 18, United States Code, or of conspiring to commit such an offense, affecting any insured depository institution for which any conservator or receiver has been appointed; and “(B) is in default on any loan or other extension of credit from such insured depository institution which, if not paid, will cause substantial loss to the institution, any deposit insurance fund, the Corporation, the FSLIC Resolution Fund, or the Resolution Trust Corporation, may not purchase any asset of such institution from the conservator or receiver. “(2) Settlement of claims.— Paragraph (1) shall not apply to the sale or transfer by the Corporation of any asset of any insured depository institution to any individual if the sale or transfer of the asset resolves or settles, or is part of the resolution or settlement, of— “(A) 1 or more claims that have been, or could have been, asserted by the Corporation against the individual; or “(B) obligations owed by the individual to any insured depository institution, the FSLIC Resolution Fund, the Resolution Trust Corporation, or the Corporation.”. (b) Insured Credit Unions.— Section 207 of the Federal Credit Union Act (12 U.S.C. 1787) is amended by adding at the end the following new subsection: “(q) Prohibition on Certain Acquisitions of Assets.— “(1) Convicted debtors.— Except as provided in paragraph (2), any individual who— “(A) has been convicted of an offense under section 215, 657, 1006, 1014, 1032, 1341, 1343, or 1344 of title 18, United States Code, or of conspiring to commit any such offense, affecting any insured credit union for which the Board is appointed conservator or liquidating agent; and “(B) is in default on any loan or other extension of credit from such insured credit union which, if not paid, will cause substantial loss to the credit union, the National Credit Union Share Insurance Fund, or the Board, may not purchase any asset of such credit union from the conservator or liquidating agent. “(2) Settlement of claims.— Paragraph (1) shall not apply to the sale or transfer by the Board of any asset of any insured credit union to any individual if the sale or transfer of the asset resolves or settles, or is part of the resolution or settlement, of— “(A) 1 or more claims that have been, or could have been, asserted by the Board against the individual; or “(B) obligations owed by the individual to the insured credit union or the Board.”. (c) Limitation on RTC Asset Sales.— Section 21A(f) of the Federal Home Loan Bank Act (12 U.S.C. 1441a(f)) is amended to read as follows: “(f) Limitation on Certain Corporation Activities.— “(1) Certain sales prohibited.— The Corporation shall prescribe regulations to prohibit the sale of assets of a failed institution by the Corporation to any person who— “(A) (i) has defaulted, or was a member of a partnership or an officer or director of a corporation which has defaulted, on 1 or more obligations the aggregate amount of which exceed $1,000,000 to such failed institution; “(ii) has been found to have engaged in fraudulent activity in connection with any obligation referred to in clause (i); and “(iii) proposes to purchase any such asset in whole or in part through the use of the proceeds of a loan or advance of credit from the Corporation or from any institution subject to the jurisdiction of the Corporation pursuant to paragraph (3)(A); . “(B) participated, as an officer or director of such failed institution or of any affiliate of such institution, in a material way in transactions that resulted in a substantial loss to such failed institution; “(C) has been removed from, or prohibited from participating in the affairs of, such failed institution pursuant to any final enforcement action by an appropriate Federal banking agency; or “(D) has demonstrated a pattern or practice of defalcation regarding obligations to such failed institution. “(2) Settlement of claims; definitions.— “(A) Settlement of claims.— Nothing in this subsection shall prohibit the Corporation from selling or otherwise transferring any asset to any person if the sale or transfer of the asset resolves or settles, or is part of the resolution or settlement, of obligations owed by the person to the failed institution or the Corporation. “(B) Definitions.— For purposes of paragraph (1)— “(i) Default.— The term ‘default’ means a failure to comply with the terms of a loan or other obligation to such an extent that the property securing the obligation is foreclosed upon. “(ii) Affiliate.— The term ‘affiliate’ has the meaning given to such term in section 2(k) of the Bank Holding Company Act of 1956.”. SEC. 2527. EXPEDITED PROCEDURES FOR CERTAIN CLAIMS. (a) Expedited Procedures for Certain Claims.— Section 11 of the Federal Deposit Insurance Act (12 U.S.C. 1821) is amended by inserting after subsection (p) (as added by section 2526 of this title) the following new subsection: “(q) Expedited Procedures for Certain Claims.— “(1) Time for filing notice of appeal.— The notice of appeal of any order, whether interlocutory or final, entered in any case brought by the Corporation against an insured depository institution’s director, officer, employee, agent, attorney, accountant, or appraiser or any other person employed by or providing services to an insured depository institution shall be filed not later than 30 days after the date of entry of the order. The hearing of the appeal shall be decided not later than 120 days after the date of the notice of appeal. The appeal shall be decided not later than 180 days after the date of the notice of appeal. “(2) Scheduling.— Consistent with section 1657 of title 18, United States Code, a court of the United States shall expedite the consideration of any case brought by the Corporation against an insured depository institution’s director, officer, employee, agent, attorney, accountant, or appraiser or any other person employed by or providing services to an insured depository institution. As far as practicable the court shall give such case priority on its docket. “(3) Judicial discretion.— The court may modify the schedule and limitations stated in paragraphs (1) and (2) in a particular case, based on a specific finding that the ends of justice that would be served by making such a modification would outweigh the best interest of the public in having the case resolved expeditiously.”. (b) Conforming Amendment.— Section 1657 of title 18, United States Code, is amended by inserting “section 11, 12, or 13 of the Federal Deposit Insurance Act” after “consideration of any action brought under”. SEC. 2528. FRAUDULENT CONVEYANCES AVOIDABLE BY CONSERVATORS AND RECEIVERS. (a) Insured Depository Institutions Other Than Insured Credit Unions.— Section 11(d) of the Federal Deposit Insurance Act (12 U.S.C. 1821(d)) is amended by adding at the end the following new paragraph: “(17) Fraudulent transfers.— “(A) In general.— The Corporation, as conservator or receiver for any insured depository institution, and any conservator appointed by the Comptroller of the Currency or the Director of the Office of Thrift Supervision may avoid a transfer of any interest of an institution-affiliated party, or any person who the Corporation or conservator determines is a debtor of the institution, in property, or any obligation incurred by such party or person, that was made within 5 years of the date on which the Corporation or conservator was appointed conservator or receiver if such party or person voluntarily or involuntarily made such transfer or incurred such liability with the intent to hinder, delay, or defraud the insured depository institution, the Corporation or other conservator, or any other appropriate Federal banking agency. “(B) Right of recovery.— To the extent a transfer is avoided under subparagraph (A), the Corporation or any conservator described in such subparagraph may recover, for the benefit of the insured depository institution, the property transferred, or, if a court so orders, the value of such property (at the time of such transfer) from— “(i) the initial transferee of such transfer or the institution-affiliated party or person for whose benefit such transfer was made; or “(ii) any immediate or mediate transferee of any such initial transferee. “(C) Rights of transferee or obligee.— The Corporation or any conservator described in subparagraph (A) may not recover under subparagraph (B) from— “(i) any transferee that takes for value, including satisfaction or securing of a present or antecedent debt, in good faith; or “(ii) any immediate or mediate good faith transferee of such transferee. “(D) Rights under this paragraph.— The rights under this paragraph of the Corporation and any conservator described in subparagraph (A) shall be superior to any rights of a trustee or any other party (other than any party which is a Federal agency) under title 11, United States Code.”. (b) Insured Credit Unions.— Section 207(b) of the Federal Credit Union Act (12 U.S.C. 1787(b)) is amended by adding at the end the following new paragraph: “(16) Fraudulent transfers.— “(A) In general.— The Board, as conservator or liquidating agent for any insured credit union, may avoid a transfer of any interest of an institution-affiliated party, or any person who the Board determines is a debtor of the institution, in property, or any obligation incurred by such party or person, that was made within 5 years of the date on which the Board becomes conservator or liquidating agent if such party or person voluntarily or involuntarily made such transfer or incurred such liability with the intent to hinder, delay, or defraud the insured credit union or the Board. “(B) Right of recovery.— To the extent a transfer is avoided under subparagraph (A), the Board may recover, for the benefit of the insured credit union, the property transferred, or, if a court so orders, the value of such property (at the time of such transfer) from— “(i) the initial transferee of such transfer or the institution-affiliated party or person for whose benefit such transfer was made; or “(ii) any immediate or mediate transferee of any such initial transferee. “(C) Rights of transferee or obligee.— The Board may not recover under subparagraph (B) from— “(i) any transferee that takes for value, including satisfaction or securing of a present or antecedent debt, in good faith; or “(ii) any immediate or mediate good faith transferee of such transferee. “(D) Rights under this paragraph.— The rights of the Board under this paragraph shall be superior to any rights of a trustee or any other party (other than any party which is a Federal agency) under title 11, United States Code.”. Subtitle C— Improved Procedures for Handling Banking-Related Cases SEC. 2531. WIRETAP AUTHORITY FOR BANK FRAUD AND RELATED OFFENSES; TECHNICAL AMENDMENTS TO WIRETAP LAW. Section 2516 of title 18, United States Code, is amended— (1) in paragraph (1)(c)— (A) by inserting “section 215 (relating to bribery of bank officials),” before “section 224”; (B) by inserting “section 1014 (relating to loans and credit applications generally; renewals and discounts),” before “sections 1503,”; (C) by inserting “section 1032 (relating to concealment of assets),” before “section 1084”; (D) by inserting “section 1344 (relating to bank fraud),” before “sections 2251 and 2252”; and (E) by striking “the section in chapter 65 relating to destruction of an energy facility,”; and (2) in paragraph (1)— (A) by striking the 1st subparagraph which is designated as “(m)”; (B) by striking “and” at the end of the 2d subparagraph designated as “(m)” (as determined before the amendment made by subparagraph (A) of this paragraph); (C) by striking the period at the end of subparagraph (n) and inserting “; and”; and (D) by adding at the end the following new subparagraph: “(o) any conspiracy to commit any offense described in any subparagraph of this paragraph.”; and (3) in paragraph (1)(j), by striking “any violation of section 1679(c)(2) (relating to destruction of a natural gas pipeline) or subsection (i) or (n) of section 1472 (relating to aircraft piracy) of title 49, of the United States Code” and inserting “any violation of section 11(c)(2) of the Natural Gas Pipeline Safety Act of 1968 (relating to destruction of a natural gas pipeline) or subsection (i) or (n) of section 902 of the Federal Aviation Act of 1958 (relating to aircraft piracy)”. SEC. 2532. FOREIGN INVESTIGATIONS BY FEDERAL BANKING AGENCIES AND INVESTIGATIONS ON BEHALF OF FOREIGN BANKING AUTHORITIES. (a) Appropriate Federal Banking Agencies, Generally.— Section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818) is amended by adding at the end thereof the following new subsection: “(v) Foreign Investigations.— “(1) Requesting assistance from foreign banking authorities.— In conducting any investigation, examination, or enforcement action under this Act, the appropriate Federal banking agency may— “(A) request the assistance of any foreign banking authority; and “(B) maintain an office outside the United States. “(2) Providing assistance to foreign banking authorities.— “(A) In general.— Any appropriate Federal banking agency may, at the request of any foreign banking authority, assist such authority if such authority states that the requesting authority is conducting an investigation to determine whether any person has violated, is violating, or is about to violate any law or regulation relating to banking matters or currency transactions administered or enforced by the requesting authority. “(B) Investigation by federal banking agency.— Any appropriate Federal banking agency may, in such agency’s discretion, investigate and collect information and evidence pertinent to a request for assistance under subparagraph (A). Any such investigation shall comply with the laws of the United States and the policies and procedures of the appropriate Federal banking agency. “(C) Factors to consider.— In deciding whether to provide assistance under this paragraph, the appropriate Federal banking agency shall consider— “(i) whether the requesting authority has agreed to provide reciprocal assistance with respect to banking matters within the jurisdiction of any appropriate Federal banking agency; and “(ii) whether compliance with the request would prejudice the public interest of the United States. “(D) Treatment of foreign banking authority.— For purposes of any Federal law or appropriate Federal banking agency regulation relating to the collection or transfer of information by any appropriate Federal banking agency, the foreign banking authority shall be treated as another appropriate Federal banking agency. “(3) Rule of construction.— Paragraphs (1) and (2) shall not be construed to limit the authority of an appropriate Federal banking agency or any other Federal agency to provide or receive assistance or information to or from any foreign authority with respect to any matter.”. (b) Foreign Investigations by FDIC and RTC as Conservator or Receiver.— Section 11 of the Federal Deposit Insurance Act (12 U.S.C. 1821) is amended by inserting after subsection (q) (as added by section 2527 of this Act) the following new subsection: “(r) Foreign Investigations.— The Corporation and the Resolution Trust Corporation, as conservator or receiver of any insured depository institution and for purposes of carrying out any power, authority, or duty with respect to an insured depository institution— “(1) may request the assistance of any foreign banking authority and provide assistance to any foreign banking authority in accordance with section 8(v); and “(2) may each maintain an office to coordinate foreign investigations or investigations on behalf of foreign banking authorities.”. (c) National Credit Union Administration, Generally.— Section 206 of the Federal Credit Union Act (12 U.S.C. 1786) is amended by inserting after subsection (t) (as added by section 2503(b) of this Act) the following new subsection: “(u) Foreign Investigations.— “(1) Requesting assistance from foreign banking authorities.— In conducting any investigation, examination, or enforcement action under this Act, the Board may— “(A) request the assistance of any foreign banking authority; and “(B) maintain an office outside the United States. “(2) Providing assistance to foreign banking authorities.— “(A) In general.— The Board may, at the request of any foreign banking authority, assist such authority if such authority states that the requesting authority is conducting an investigation to determine whether any person has violated, is violating, or is about to violate any law or regulation relating to banking matters or currency transactions administered or enforced by the requesting authority. “(B) Investigation by federal banking agency.— The Board may, in the Board’s discretion, investigate and collect information and evidence pertinent to a request for assistance under subparagraph (A). Any such investigation shall comply with the laws of the United States and the policies and procedures of the Board. “(C) Factors to consider.— In deciding whether to provide assistance under this paragraph, the Board shall consider— “(i) whether the requesting authority has agreed to provide reciprocal assistance with respect to banking matters within the jurisdiction of the Board or any appropriate Federal banking agency; and “(ii) whether compliance with the request would prejudice the public interest of the United States. “(D) Treatment of foreign banking authority.— For purposes of any Federal law or Board regulation relating to the collection or transfer of information by the Board or any appropriate Federal banking agency, the foreign banking authority shall be treated as another appropriate Federal banking agency. “(3) Rule of construction.— Paragraphs (1) and (2) shall not be construed to limit the authority of the Board or any other Federal agency to provide or receive assistance or information to or from any foreign authority with respect to any matter.”. (d) Foreign Investigations by Board as Conservator or Liquidating Agent.— Section 207 of the Federal Credit Union Act (12 U.S.C. 1787) is amended by inserting after subsection (q) (as added by section 2526(b) of this Act) the following new subsection: “(r) Foreign Investigations.— The Board, as conservator or liquidating agent of any insured credit union and for purposes of carrying out any power, authority, or duty with respect to an insured credit union— “(1) may request the assistance of any foreign banking authority and provide assistance to any foreign banking authority in accordance with section 206(u); and “(2) may maintain an office to coordinate foreign investigations or investigations on behalf of foreign banking authorities.”. SEC. 2533. EXTENSION OF STATUTE OF LIMITATIONS FOR CIVIL PENALTIES. Section 951 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1833a) is amended by adding at the end the following: “(g) Statute of Limitations.— A civil action under this section may not be commenced later than 10 years after the cause of action accrues.”. SEC. 2534. CLARIFICATION OF SUBPOENA AUTHORITY FOR FDIC, RTC, AND NCUA ACTING AS CONSERVATOR, RECEIVER, OR LIQUIDATING AGENT. (a) FDIC and RTC Authority.— Section 11(d)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1821(d)(2)) is amended by redesignating subparagraph (I) as subparagraph (J) and by inserting after subparagraph (H) the following new subparagraph: “(I) Subpoena authority.— “(i) In general.— The Corporation may, as conservator, receiver, or exclusive manager and tor purposes of carrying out any power, authority, or duty with respect to an insured depository institution (including determining any claim against the institution and determining and realizing upon any asset of any person in the course of collecting money due the institution), exercise any power established under section 8(n), and the provisions of such section shall apply with respect to the exercise of any such power under this subparagraph in the same manner as such provisions apply under such section. “(ii) Authority of board of directors.— A subpoena or subpoena duces tecum may be issued under clause (i) only by, or with the written approval of, the Board of Directors or their designees (or, in the case of a subpoena or subpoena duces tecum issued by the Resolution Trust Corporation under this subparagraph and section 21A(b)(4), only by, or with the written approval of, the Board of Directors of such Corporation or their designees). “(iii) Rule of construction.— This subsection shall not be construed as limiting any rights that the Cor- poration, in any capacity, might otherwise have under setion 10(c) this Act.”. (b) NCUA Authority.— Section 207(b)(2) of the Federal Credit Union Act (12 U.S.C. 1787(b)(2)) is amended by redesignating subparagraph (I) (as so redesignated by section 202(b) of this Act) as subparagraph (J) and by inserting after subparagraph (H) (as added by such section) the following new subparagraph: “(I) Subpoena authority.— “(i) In general.— The Board may, as conservator or liquidating agent and for purposes of carrying out any power, authority, or duty with respect to an insured credit union (including determining any claim against the credit union and determining and realizing upon any asset of any person in the course of collecting money due the credit union), exercise any power established under section 206(p), and the provisions of such section shall apply with respect to the exercise of any such power under this subparagraph in the same manner as such provisions apply under such section. “(ii) Authority of board.— A subpoena or subpoena duces tecum may be issued under clause (i) only by, or with the written approval of, the Board or their designees. “(iii) Rule of construction.— This subsection shall not be construed as limiting any rights that the Board, in any capacity, might otherwise have under section 206(p).”. Subtitle D— Structural Reforms to Improve the Federal Response to Crimes Affecting Financial Institutions SEC. 2536. ESTABLISHMENT OF FINANCIAL INSTITUTIONS CRIME UNIT AND OFFICE OF SPECIAL COUNSEL FOR FINANCIAL INSTITUTIONS CRIME UNIT. (a) Establishment.— There is established within the Office of the Deputy Attorney General in the Department of Justice a Financial Institutions Fraud Unit to be headed by a special counsel (hereafter in this title referred to as the “Special Counsel”). (b) Responsibility.— The Financial Institutions Fraud Unit and the Special Counsel shall be responsible to and shall report directly to the Deputy Attorney General. (c) Sunset.— The provisions of this section shall cease to apply at the end of the 5-year period beginning on the date of the enactment of this Act. SEC. 2537. APPOINTMENT RESPONSIBILITIES AND COMPENSATION OF THE SPECIAL COUNSEL. (a) Appointment.— The Special Counsel shall be appointed by the President, by and with the advice and consent of the Senate. (b) Responsibilities.— The Special Counsel shall— (1) supervise and coordinate investigations and prosecutions within the Department of Justice of fraud and other criminal activity in and against the financial services industry, including, to the extent consistent with the independent counsel provision of chapter 40 of title 28, United States Code, any such activity by any current or former elected official or high-level executive branch official or any member of the immediate family of any such official; (2) ensure that Federal law relating to civil enforcement, asset seizure and forfeiture, money laundering, and racketeering are used to the fullest extent authorized to recover the proceeds of unlawful activities from persons who have committed crimes in and against the financial services industry; and (3) ensure that adequate resources are made available for the investigation and prosecution of fraud and other criminal activity in and against the financial services industry. (c) Compensation.— The Special Counsel shall be paid at the basic pay payable for level V of the Executive Schedule. SEC. 2538. ASSIGNMENT OF PERSONNEL. There shall be assigned to the Financial Institutions Fraud Unit such personnel as the Attorney General deems necessary to provide an appropriate level of enforcement activity in the area of fraud and other criminal activity in and against the financial services industry. SEC. 2539. FINANCIAL INSTITUTIONS FRAUD TASK FORCES. (a) Establishment.— The Attorney General shall establish such financial institutions fraud task forces as the Attorney General deems appropriate to ensure that adequate resources are made available to investigate and prosecute crimes in or against financial institutions and to recover the proceeds of unlawful activities from persons who have committed fraud or have engaged in other criminal activity in or against the financial services industry. (b) Supervision.— The Attorney General shall determine how each task force shall be supervised and may provide for the supervision of any task force by the Special Counsel. (c) Senior Interagency Group.— (1) Establishment.— The Attorney General shall establish a senior interagency group to assist in identifying the most significant financial institution fraud cases and in allocating investigative and prosecutorial resources where they are most needed. (2) Membership.— The senior interagency group shall be chaired by the Special Counsel and shall include senior officials from— (A) the Department of Justice, including representatives of the Federal Bureau of Investigation, the Advisory Committee of United States Attorneys, and other relevant entities; (B) the Department of the Treasury; (C) the Office of Thrift Supervision; (D) the Resolution Trust Corporation; (E) the Federal Deposit Insurance Corporation; (F) the Office of the Comptroller of the Currency; (G) the Board of Governors of the Federal Reserve System; and (H) the National Credit Union Administration. (3) Duties.— This senior interagency group shall enhance interagency coordination and assist in accelerating the investigations and prosecution of financial institutions fraud. SEC. 2540. RTC ENFORCEMENT DIVISION. Section 21A(b)(12) of the Federal Home Loan Bank Act (12 U.S.C. 1441a(b)(12)) is amended by adding at the end thereof the following new subparagraph: “(G) The Corporation shall maintain an executive-level position and dedicated staff to assist and advise the Corporation and other agencies in pursuing cases, civil claims, and administrative enforcement actions against institution-affiliated parties of insured depository institutions under the jurisdiction of the Corporation. These personnel shall Reports. have such duties as the Corporation establishes, including the duty to compile and publish a report to the Congress on the coordinated pursuit of claims by all Federal financial institution regulatory agencies, including the Department of Justice and the Securities and Exchange Commission. The report shall be published before December 31, 1990 and updated semiannually after such date.”. Subtitle E— Reporting Requirements SEC. 2546. REPORTING REQUIREMENTS. (a) In General.— (1) Data collection.— The Attorney General shall compile and collect data concerning— (A) the nature and number of civil and criminal investigations, prosecutions, and related proceedings, and civil enforcement and recovery proceedings, in progress with respect to banking law offenses under sections 981, 1008, 1032, and 3322(d) of title 18, United States Code, and section 951 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 and conspiracies to commit any such offense, including inactive investigations of such offenses; (B) the number of— (i) investigations, prosecutions, and related proceedings described in subparagraph (A) which are inactive as of the close of the reporting period but have not been closed or declined; and (ii) unaddressed referrals which allege criminal misconduct involving offenses described in subparagraph (A), and the reasons such matters are inactive and the referrals unaddressed; (C) the nature and number of such matters closed, settled, or litigated to conclusion; and (D) the results achieved, including convictions and pretrial diversions, fines and penalties levied, restitution assessed and collected, and damages recovered, in such matters. (2) Analysis and report.— The Attorney General shall analyze and report to the Congress on the data described in paragraph (1) and its coordination and other related activities named in section 2539(c)(2) and shall provide such report on the data monthly through December 31, 1991, and quarterly after such date. (b) Specifics of Report.— The report required by subsection (a) shall— (1) categorize data as to various types of financial institutions and appropriate dollar loss categories; (2) disclose data for each Federal judicial district; (3) describe the activities of the Financial Institution Fraud Unit; and (4) list— (A) the number of institutions, categorized by failed and open institutions, in which evidence of significant fraud, unlawful activity, insider abuse or serious misconduct has been alleged or detected; (B) civil, criminal, and administrative enforcement actions, including those of the Federal financial institutions regulatory agencies, brought against offenders; (C) any settlements or judgments obtained against offenders; (D) indictments, guilty pleas, or verdicts obtained against offenders; and (E) the resources allocated in pursuit of investigations, prosecutions, and sentencings (including indictments, guilty pleas, or verdicts obtained against offenders) and related proceedings. SEC. 2547. CIVIL DISCLOSURE. (a) Provisions Applicable to Federal Banking Agencies.— (1) In general.— Section 8(u) of the Federal Deposit Insurance Act (12 U.S.C. 1818(u)) is amended to read as follows: “(u) Public Disclosures of Final Orders and Agreements.— “(1) In general.— The appropriate Federal banking agency shall publish and make available to the public on a monthly basis— “(A) any written agreement or other written statement for which a violation may be enforced by the appropriate Federal banking agency, unless the appropriate Federal banking agency, in its discretion, determines that publication would be contrary to the public interest; “(B) any final order issued with respect to any administrative enforcement proceeding initiated by such agency under this section or any other law; and “(C) any modification to or termination of any order or agreement made public pursuant to this paragraph. “(2) Hearings.— All hearings on the record with respect to any notice of charges issued by a Federal banking agency shall be open to the public, unless the agency, in its discretion, determines that holding an open hearing would be contrary to the public interest. “(3) Reports to congress.— A written report shall be made part of a determination not to hold a public hearing pursuant to paragraph (2) or not to publish a document pursuant to paragraph (1)(A). At the end of each calendar quarter, all such reports shall be transmitted to the Congress. “(4) Transcript of hearing.— A transcript that includes all testimony and other documentary evidence shall be prepared for all hearings commenced pursuant to subsection (i). A transcript of public hearings shall be made available to the public pursuant to section 552 of title 5, United States Code. “(5) Delay of publication under exceptional circumstances.— If the appropriate Federal banking agency makes a determination in writing that the publication of a final order pursuant to paragraph (1)(B) would seriously threaten the safety and soundness of an insured depository institution, the agency may delay the publication of the document for a reasonable time. “(6) Documents filed under seal in public enforcement hearings.— The appropriate Federal banking agency may file any document or part of a document under seal in any administrative enforcement hearing commenced by the agency if disclosure of the document would be contrary to the public interest. A written report shall be made part of any determination to withhold any part of a document from the transcript of the hearing required by paragraph (2). “(7) Retention of documents.— Each Federal banking agency shall keep and maintain a record, for a period of at least 6 years, of all documents described in paragraph (1) and all informal enforcement agreements and other supervisory actions and supporting documents issued with respect to or in connection with any administrative enforcement proceeding initiated by such agency under this section or any other laws. (8) Disclosures to congress.— No provision of this subsection may be construed to authorize the withholding, or to prohibit the disclosure, of any information to the Congress or any committee or subcommittee of the Congress.”. (2) Public hearings.— Section 8(h)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1818(h)(1)) is amended by striking “Such hearing shall be private, unless the appropriate Federal banking agency, in its discretion, after fully considering the views of the party afforded the hearing, determines that a public hearing is necessary to protect the public interest.”. (3) Effective date.— The amendment made by paragraph (1) 12 USC 1818 note. shall apply with respect to all written agreements which are entered into and all written statements which become effective after the date of the enactment of this Act. (b) Amendment of Federal Credit Union Act.— (1) In general.— Section 206(s) of the Federal Credit Union Act (12 U.S.C. 1786(a)) is amended to read as follows: “(s) Public Disclosure of Agency Action.— “(1) In general.— The Board shall publish and make available to the public on a monthly basis— “(A) any written agreement or other written statement for which a violation may be enforced by the Board, unless the Board, in its discretion, determines that publication would be contrary to the public interest; “(B) any final order issued with respect to any administrative enforcement proceeding initiated by the Board under this section or any other law; and “(C) any modification to or termination of any order or agreement made public pursuant to this paragraph. “(2) Hearings.— All hearings on the record with respect to any notice of charges issued by the Board shall be open to the public, unless the agency, in its discretion, determines that holding an open hearing would be contrary to the public interest. “(3) Reports to congress.— A written report shall be made part of a determination not to hold a public hearing pursuant to paragraph (2) or not to publish a document pursuant to paragraph (1)(A). At the end of each calendar quarter, all such reports shall be transmitted to the Congress. “(4) Transcript of hearing.— A transcript that includes all testimony and other documentary evidence shall be prepared for all hearings commenced pursuant to subsection (k). A transcript of public hearings shall be made available to the public pursuant to section 552 of title 5, United States Code. “(5) Delay of publication under exceptional circumstances.— If the Board makes a determination in writing that the publication of a final order pursuant to paragraph (1)(B) would seriously threaten the safety and soundness of an insured depository institution, the agency may delay the publication of the document for a reasonable time. “(6) Documents filed under seal in public enforcement hearings.— The Board may file any document or part of a document under seal in any administrative enforcement hearing commenced by the agency if disclosure of the document Reports would be contrary to the public interest. A written report shall be made part of any determination to withhold any part of a document from the transcript of the hearing required by paragraph (2). “(7) Retention of documents.— The Board shall keep and maintain a record, for a period of at least 6 years, of all documents described in paragraph (1) and all informal enforcement agreements and other supervisory actions and supporting documents issued with respect to or in connection with any administrative enforcement proceeding initiated by such agency under this section or any other laws. “(8) Disclosures to congress.— No provision of this subsection may be construed to authorize the withholding, or to prohibit the disclosure, of any information to the Congress or any committee or subcommittee of the Congress.”. (2) Public hearing.— Section 206(j)(1) of the Federal Credit Union Act (12 U.S.C. 1786(j)(1)) is amended by striking “Such hearing shall be private, unless the Board, in its discretion, after fully considering the views of the party afforded the hearing, determines that a public hearing is necessary to protect the public interest.”. SEC. 2548. REPORT ON COURT BUSINESS IMPACT OF SAVINGS AND LOAN CRISIS. Section 604(a) of title 28, United States Code, is amended by adding at the end the following new paragraph: “(24) Lay before Congress, annually, statistical tables that will accurately reflect the business imposed on the Federal courts by the savings and loan crisis.”. Subtitle F— National Commission on Financial Institution Reform, Recovery, and Enforcement SEC. 2551. ESTABLISHMENT. There is hereby established a commission to be known as the National Commission on Financial Institution Reform, Recovery, and Enforcement (hereafter in this title referred to as the “Commission”). SEC. 2552. DUTIES OF THE COMMISSION. The Commission shall— (1) examine and identify the origin and causes of the problems in the savings and loan industry that led to the enactment of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, including consideration of the role of— (A) State and Federal regulation of savings and loan associations, including capital and accounting standards; (B) supervision of, and supervisory resources allocated to, savings and loan associations by, or under the authority of, State and Federal Governments; (C) State and Federal statutes concerning savings and loan associations, including asset powers legislation; (D) macroeconomic changes and regional recessions; (E) competitive factors; (F) unprecedented fraud and abuse by persons in or connected with savings and loan associations; and (G) deposit insurance, including changes in the amount insured and in technology; (2) recommend, on the basis of the Commission’s examination and investigations under this section, further legislative, regulatory, supervisory, and other administrative changes that will— (A) improve the safety and soundness of depository associations, the Federal deposit insurance funds, and other Federal insurance programs; (B) facilitate civil and criminal enforcement actions concerning financial institutions; and (C) prevent the recurrence of the problems identified in the savings and loan industry; and (3) recommend any other reforms which the Commission determines to be appropriate. SEC. 2553. MEMBERSHIP. (a) Number and Appointment.— The Commission shall be composed of 8 members appointed as follows: (1) 2 individuals appointed by the President. (2) 3 individuals appointed by the Speaker of the House of Representatives, 1 of whom shall be appointed upon the recommendation of the minority leader of the House of Representatives. (3) 3 individuals appointed by the President pro tempore of the Senate, 2 of whom shall be appointed upon the recommendation of the majority leader of the Senate and 1 of whom shall be appointed upon the recommendation of the minority leader of the Senate. (b) Eligibility.— No member, officer, or employee of the executive, legislative, or judicial branch of the Federal Government or of any State or local government may be a member of the Commission. (c) Terms.— (1) In general.— Each member shall be appointed for the life of the Commission. (2) Vacancy.— A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (d) Prohibition on Compensation.— (1) In general.— Except as provided in paragraph (2), members of the Commission shall serve without pay. (2) Travel expenses.— Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (e) Quorum.— 5 members of the Commission shall constitute a quorum but 3 members may hold hearings. (f) Chairperson.— The Chairperson of the Commission shall be elected by the Commission from among its members. (g) Meetings.— The Commission shall meet at the call of the Chairperson or of 5 members of the Commission. (h) Proxy Voting.— Members of the Commission may vote by proxy. SEC. 2554. POWERS OF COMMISSION; HEARINGS AND SESSIONS. (a) In General.— The Commission may, for the purposes of carrying out this subtitle, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Witnesses; Administration of Oaths.— (1) In general.— Subject to paragraph (2) and, in the case of a subpoena, to subsection (c), the Commission may call witnesses and administer oaths or affirmations to witnesses appearing before the Commission. (2) Coordination of certain testimony and evidence.— (A) In any case where the Commission intends to call a witness or receive evidence (including a witness or evidence to be subpoened in accordance with subsection (c)) to provide testimony concerning a specific savings and loan association or the role of any person in connection therewith, the Commission shall, in writing not less than 21 days prior to the taking of such testimony or receiving such evidence, provide the Attorney General, the Director of the Office of Thrift Supervision, and the Chairperson of the Federal Deposit Insurance Corporation and the Resolution Trust Corporation with— (i) the name of the savings and loan association involved; (ii) the date and location of the testimony or the receipt of evidence; and (iii) as appropriate, the name of the witness and a specific identification of the subject matter about which such witness is to testify or provide evidence, or the specific nature of the evidence to be received. (B) If the Attorney General, the Director of the Office of Thrift Supervision, or the Chairperson of the Federal Deposit Insurance Corporation and the Resolution Trust Corporation determines that taking such testimony or receiving such evi-dence (including witnesses or evidence to be subpoened in accordance with subsection (c)) would impair, impede, or compromise the investigation, prosecution, or adjudication of a criminal, civil, or administrative matter or proceeding, the Attorney General, the Director, or the Chairperson shall promptly notify the Commission of that determination. (C) The Commission shall decide whether to proceed to call a witness or to receive evidence after considering any determination under subparagraph (B)— (i) on the basis of the Commission’s determination that taking such testimony or receiving such evidence is specifically necessary to carry out the duties of the Commission; and (ii) upon an affirmative vote of not fewer than 5 members of the Commission (or not fewer than 6 members of the Commission in the case of a witness or evidence to be subpoened). (D) The Commission shall notify the official who made the determination under subparagraph (B) of the Commission’s determination under subparagraph (C). (c) Subpoena Power.— (1) Administrative aspects of subpoena.— (A) Attendance or production at designated site.— The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States. (B) Fees and travel expenses.— Persons served with a subpoena under this subsection shall be paid the same fees and mileage for travel within the United States that are paid witnesses in Federal courts. (C) No liability for other expenses.— The Commission and the United States shall not be liable for any expense, other than an expense described in subparagraph (B), incurred in connection with the production of any evidence under this subsection. (2) Failure to obey a subpoena.— (A) Application to court.— If a person refuses to obey a subpoena issued under this subsection, the Commission may apply to a district court of the United States for an order requiring that person to appear before the Commission to give testimony or produce evidence, as the case may be, relating to the matter under investigation. (B) Jurisdiction of court.— The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. (C) Failure to comply with order.— Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas.— The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (4) Service of process.— All process of any court to which application is to be made under paragraph (3) may be served in the judicial district in which the person required to be served resides or may be found. (d) Mails.— The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Interim Report.— Not later than 60 days after the date of the enactment of this Act, the Commission may submit a report to the Congress concerning the ability of the Commission to obtain information and evidence necessary to carry out its duties under this subtitle and including such recommendations concerning additional authority as the Commission deems appropriate. (f) Administrative Support Services.— Upon the request of the Commission, the Administrator of General Services shall provide to the Commission administrative support services on a reimbursable basis. (g) Powers of Members and Agents.— Except for actions that require a vote of the Commission, any member or agent authorized by the Commission may take any action the Commission may take. SEC. 2555. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) Staff.— Subject to such regulations as the Commission may prescribe, the Chairperson may appoint and fix the pay of such personnel as the Chairperson considers appropriate. (b) Applicability of Certain Civil Service Laws.— The staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay payable for GS-18 of the General Schedule. (c) Experts and Consultants.— Subject to rules prescribed by the Commission, the Chairperson may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the annual rate of basic pay payable for GS-18 of the General Schedule. (d) Staff of Federal Agencies.— Upon request of the Chairperson, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. SEC. 2556. REPORT. (a) Report Required.— The Commission shall submit a final report to the President and the Congress not later than 9 months after the election of the Chairperson under section 3(f). (b) Contents.— The final report shall, consistent with the duties of the Commission set forth in section 2562 of this title, contain a detailed statement of the findings, conclusions, and recommendations of the Commission. SEC. 2557. TERMINATION. The Commission shall terminate 30 days after submitting the report required by section 2566(a) of this Act. SEC. 2558. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated not to exceed $1,000,000 to carry out the purposes of this Act. Subtitle G— Authorizations SEC. 2559. ADDITIONAL FUNDING FOR INVESTIGATORS AND PROSECUTORS FOR BANK CRIME CASES. (a) Additional Appropriation for Department of Justice.— Section 966(a) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (103 Stat. 506) is amended to read as follows: “(a) In General.— “(1) Authorization.— There is authorized to be appropriated to the Attorney General, without fiscal year limitation, $162,500,000 for each of fiscal years 1991 through 1993, for purposes of investigations, prosecutions, and civil proceedings involving financial institutions to which the Act and amendments made by this Act apply. “(2) Allocations.— With respect to fiscal years 1991 and 1992, the amount authorized to be appropriated under paragraph (1) shall be allocated as follows: “(A) Federal Bureau of Investigation: $78,300,000. “(B) The offices of the United States attorneys: $65,000,000. “(C) The criminal division of the Department of Justice: $8,800,000. “(D) The civil division of the Department of Justice: $7,000,000. “(E) The tax division of the Department of Justice: $3,400,000.”. (b) Additional Appropriations for the Internal Revenue Service.— There is authorized to be appropriated to the Internal Revenue Service, Department of the Treasury, $16,000,000 for fiscal year 1991 for investigation of violations of the Internal Revenue Code of 1986, and related statutes, involving insured depository institutions. (c) Additional Funds for the Federal Judiciary.— Section 967 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (103 Stat. 506) is amended to read as follows: “SEC. 967. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE FEDERAL JUDICIARY. “(a) In General.— There are authorized to be appropriated to the Federal court system $25,000,000 for fiscal year 1991 and $28,000,000 for each of fiscal years 1992 and 1993 to carry out such system’s duties under this Act.”. Subtitle H— Actions Against Persons Committing Bank Fraud Crimes SEC. 2560. SHORT TITLE. This subtitle may be cited as the “Financial Institutions Anti-Fraud Enforcement Act of 1990”. CHAPTER 1— DECLARATIONS PROVIDING NEW CLAIMS TO THE UNITED STATES SEC. 2561. FILING OF CONFIDENTIAL DECLARATIONS BY PRIVATE PERSONS. (a) In General.— Any person may file a declaration of a violation giving rise to an action for civil penalties under section 951 of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 affecting a depository institution insured by the Federal Deposit Insurance Corporation or any other agency or entity of the United States. (b) Place of Filing.— A declaration under subsection (a) shall be filed with the Attorney General of the United States or with an agent designated by the Attorney General for receiving declarations under this section. SEC. 2562. CONTENTS OF DECLARATIONS. A declaration filed pursuant to section 2561 shall— (1) set forth the name and address of the declarant and the basis for the declarant’s knowledge of the facts alleged; (2) allege under oath or affirmation specific facts, relating to a particular transaction or transactions, which constitute a prima facie case of a violation giving rise to an action for civil penalties under section 951 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 affecting a depository institution insured by the Federal Deposit Insurance Corporation or any other agency or entity of the United States; (3) contain at least 1 new factual element necessary to establish a prima facie case that was unknown to the Government at the time of filing; and (4) set forth all facts supporting the allegation of a violation described in paragraph (2) known to the declarant, along with the names of material witnesses and the nature and location of documentary evidence known to the declarant. SEC. 2563. CONFIDENTIALITY OF DECLARATIONS. (a) Period of Confidentiality.— A declarant and the declarant’s agents shall not disclose the existence or filing of a declaration filed pursuant to section 2561 until— (1) the declarant receives notice that the Attorney General has concluded that an action should not be pursued under section 2566(b); (2) the declarant receives notice of an award pursuant to section 2566(c); or (3) the declarant is granted a contract to pursue an action under section 2565(b) or 2567. (b) Maintenance of Confidentiality to Prevent Prejudice.— (1) Notwithstanding any other law, the contents of a declaration shall not be disclosed by the declarant if the disclosure would prejudice or compromise in any way the completion of any government investigation or any criminal or civil case that may arise out of, or make use of, information contained in a declaration, but information contained in a declaration may be disclosed as required by duly issued and authorized legal process. (2) The Attorney General may in a circumstance described in paragraph (1) notify a declarant that continued confidentiality is required under this subsection notwithstanding paragraph (1) or (2) of subsection (a). (c) Loss of Rights.— A declarant who discloses, except as provided by this title, the existence or filing of a declaration or the contents thereof to anyone other than a duly authorized Federal or State investigator or the declarant’s attorney shall immediately lose all rights under this chapter. SEC. 2564. INELIGIBILITY TO FILE VALID DECLARATIONS. (a) In General.— A declaration filed pursuant to section 811 and in accordance with sections 2562 and 2563 is valid unless— (1) the declaration is filed by a current or former officer or employee of a Federal or State government agency or instrumentality who discovered or gathered the information in the declaration, in whole or in part, while acting within the course of the declarant’s government employment; (2) the declaration is filed by a person who knowingly participated in the violation of section 1517 of title 18, United States Code, or any of the sections of title 18, United States Code, referred to in section 951(c) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, or any other fraudulent conduct with respect to which the declaration is made; (3) the declaration is filed by an institution-affiliated party (as defined in section 3(u) of the Federal Deposit Insurance Act, 12 U.S.C. 1813(u)) who withheld information during the course of any bank examination or investigation authorized pursuant to section 10 of such Act (12 U.S.C. 1820) which such party owed a fiduciary duty to disclose; (4) the declaration is filed by a member of the immediate family of the individual whose activities are the subject of the declaration or where, in the discretion of the Attorney General, it appears the individual could benefit from the award; or (5) the declaration consists of allegations or transactions that have been disclosed to a member of the public in a criminal, civil, or administrative proceeding, in a congressional, administrative, or General Accounting Office report, hearing, audit or investigation, by any other government source, or by the news media, unless the person providing the declaration is the original source of the information. (b) Definition.— For the purposes of subsection (a)(5), the term “original source” means a person who has direct and independent knowledge of the information contained in the declaration and who voluntarily provided the information to the government prior to the disclosure. (c) Notice of Invalidity.— If the Attorney General determines at any time that a declaration is invalid under this section, that a declaration fails to meet the requirements of section 2562, or that a declaration has been disclosed in violation of section 2563, the Attorney General shall notify the person who filed the declaration in writing that the declaration is invalid, and the declarant shall not enjoy any of the rights of the declarant listed in section 2565 or 2566. SEC. 2565. RIGHTS OF DECLARANTS: PARTICIPATION IN ACTIONS, AWARDS. (a) In General.— A person who has filed a declaration that meets the requirements of sections 2561 through 2564 shall have the rights stated in this section. (b) Civil Action.— If the Attorney General determines that a cause of action referred to in section 2561 based on the declaration should be referred to private counsel pursuant to chapter 4, the declarant, after consultation with the Attorney General, shall have the right to select counsel to prosecute the action, and the declarant and the declarant’s counsel shall act in accordance with chapter 4. (c) Criminal Conviction.— (1) When the United States obtains a criminal conviction and the Attorney General determines that the conviction was based in whole or in part on the information contained in a valid declaration filed under section 2561, the declarant shall have the right to receive not less than $5,000 and not more than $100,000, any such award to be paid from the Financial Institution Information Award Fund established under section 2569. (2) In determining the size of any award under paragraph (1), the Attorney General may, in the Attorney General’s discretion, consider any appropriate factor, including— (A) the seriousness of the offense for which the conviction was obtained; (B) the extent to which the facts alleged in the declaration contributed to the conviction; (C) the number of offenders apprehended pursuant to information provided by the declarant; (D) whether or not the offender was previously under investigation by any law enforcement agency when the declaration was filed; (E) the extent to which the declarant cooperated in the development of the Government’s case and its presentation at trial; (F) the sentences and fines imposed on the offender and other offenders in related cases; (G) the extent to which other sources of private information were relied upon; and (H) the hardship to the declarant and any expenses the declarant incurred in preparing the declaration. (d) Share of Funds and Assets.— (1) When the United States acquires funds or assets pursuant to the execution of a judgment, order, or settlement and the Attorney General determines that the judgment, order, or settlement was based in whole or in part on the information contained in a valid declaration filed under section 2561, the declarant shall have the right to share in the recovery as follows: (A) (i) The declarant shall be entitled to 20 percent to 30 percent of any recovery up to the first $1,000,000 recovered, 10 percent to 20 percent of the next $4,000,000 recovered, and 5 percent to 10 percent of the next $5,000,000 recovered. (ii) In calculating an award under clause (i), the Attorney General may consider the size of the overall recovery and the usefulness of the information provided by the declarant. (B) When a declarant has received an award under subsection (c), the Attorney General may subtract the amount of that reward from any recovery under this subsection. (2) (A) When more than 1 declarant has provided information leading to a recovery under this subsection, the Attorney General shall first calculate the size of the total award under paragraph (1)(A) and then distribute that amount according to the contribution made by each declarant. (B) In distributing any such award between 2 or more declarants, the Attorney General may, in the Attorney General’s discretion, consider any appropriate factor. (e) Prohibition of Double Awards.— (1) No person shall receive both an award under this section and a reward under either section 34 of the Federal Deposit Insurance Act or section 3509A of title 18, United States Code, for providing the same or substantially similar information. (2) When a person qualifies for both an award under this section and a reward under either section 34 of the Federal Deposit Insurance Act or section 3509A of title 18, United States Code, for providing the same or substantially similar information, the person may notify the Attorney General in writing of the person’s election to seek an award under this section or a reward under such other section. (f) Appropriate Federal Banking Agency Exception.— For purposes of this section, funds or assets acquired by the United States shall not include any funds or assets acquired by any appropriate Federal banking agency acting in any capacity or the Resolution Trust Corporation acting in any capacity, except for any civil money penalties recovered by a Federal banking agency through a final judgment, order or settlement. SEC. 2566. RIGHTS OF DECLARANTS; NOTIFICATIONS; GOVERNMENT ACCOUNTABILITY. (a) In General.— A person who has filed a declaration that meets the requirements of sections 2561 through 2564 shall have the rights stated in this section. (b) Notice of Decision Not to Pursue.— If, after review, the Attorney General concludes that the information contained in a declaration should not be pursued in a civil or criminal proceeding, the Attorney General shall so notify the declarant in writing and shall provide a brief statement of the reasons that the declaration will not be pursued. (c) Judgment, Order, or Settlement.— (1) When the United States obtains a judgment, order, or settlement based in whole or in part on a valid declaration filed under section 2561, the Attorney General shall notify the declarant in writing of such fact. (2) A notice described in paragraph (1) shall contain— (A) the Attorney General’s determination of the amount of the award due the declarant under subsection (c) or (d) of section 2565 upon recovery by the United States; and (B) a short statement of reasons for the amount of the award. (d) Notice of Pendency of Investigation or Proceeding.— If the Attorney General has not provided the declarant with notice under subsection (b) or a notice of invalidity pursuant to section 2564 within the time period set forth in subsection (e), the Attorney General shall notify the declarant in writing that— (1) there is a pending investigation or proceeding in the course of which the declarant’s allegations are being addressed; or (2) the declarant’s allegations have not yet been addressed. (e) Time for Notices.— (1) In the case of a valid declaration filed not more than 3 years after the date of enactment of this Act, the Attorney General shall send notification to a declarant pursuant to subsection (d) not later than 3 years after the date of filing of the declaration. (2) (A) Subject to subparagraph (B), in the case of a declaration filed more than 3 years after the date of enactment of this Act, the Attorney General shall send notification not later than 1 year after the date of filing of the declaration. (B) If the Attorney General certifies that it is in the interest of the United States to give further consideration to the information provided in the declaration for an additional 90-day period, the Attorney General shall so notify the declarant in writing. (f) Confidentiality of Notices.— All notices provided to a declarant under this section shall be kept confidential by the declarant in the same manner, and subject to the same penalties, as the declaration under section 2563. SEC. 2567. UNREVIEWED DECLARATIONS; PETITION TO PURSUE ACTION AS PRIVATE CONTRACTOR. (a) Notification.— (1) If, pursuant to section 2566(d)(2), the Attorney General notifies a declarant that the declarant’s allegations have not yet been addressed, the declarant may notify the Attorney General to award a contract pursuant to chapter 4 to pursue the case. (2) A declarant’s notification under paragraph (1) shall be filed with the Attorney General not later than 30 days after the date of service of notice under section 2566(d)(2), and the Attorney General shall respond to the notification not later than 30 days after receipt. (b) Contents of Response.— In response to a notification under subsection (a)(1), the Attorney General shall— (1) grant a contract pursuant to chapter 4; or (2) proceed with an action. (c) Grant of Contract.— If the Attorney General decides to grant a contract, the declarant, after consultation with the Attorney General, shall have the right to select counsel to prosecute an action, and the declarant and the declarant’s counsel shall act in accordance with chapter 4. SEC. 2568. NONREVIEW ABILITY OF ACTION BY THE ATTORNEY GENERAL. Notwithstanding any other law, no court shall have jurisdiction over any claim based on any action taken by the Attorney General or any refusal to take action under this chapter, except for failure to provide notification under section 2566. SEC. 2569. FINANCIAL INSTITUTION INFORMATION AWARD FUND. (a) Establishment.— There is established in the United States Treasury a special fund to be known as the Financial Institution Information Award Fund (referred to as the “Fund”) which shall be available to the Attorney General without fiscal year limitation to pay awards to declarants pursuant to section 2565(c) and to pay special rewards pursuant to section 3059A of title 18, United States Code. (b) Authorization of Appropriations.— There are authorized to be appropriated to the Fund such funds as are necessary to maintain the Fund at a level not to exceed $5,000,000. SEC. 2570. SOURCES OF PAYMENTS TO DECLARANTS. Notwithstanding any other law, an award under this title may be paid to a declarant, or to an individual providing information, from the amounts recovered through civil actions based in whole or in part on the information provided in a valid declaration under this title. SEC. 2571. GOVERNMENT ACCOUNTABILITY; PUBLIC REPORTS ON PROCESSING OF DECLARATIONS. (a) In General.— In addition to the written statements of reasons provided individual declarants under section 2566, on the date that is 6 months after the date of enactment of this Act, and at the end of each 6-month period thereafter during which this chapter is in effect, the Attorney General shall compile a public report on the processing of declarations under this chapter. (b) Contents of Report.— The report required by subsection (a) shall state— (1) the number of declarations filed within the relevant period; (2) the number of declarations found invalid under sections 2562, 2563, and 2564; (3) the number of valid declarations processed and their present status, including whether or not they have been reviewed and if they have been reviewed what determination was reached; (4) the number and amounts of all rewards paid to declarants under this chapter; and (5) the number of convictions attributable in whole or in part to valid declarations filed under this chapter and the number and dollar amounts of all monetary recoveries, criminal or civil, attributable in whole or in part to valid declarations filed under this chapter. (c) Confidentiality.— Notwithstanding any other law, in compiling the report required by subsection (a), the Attorney General may take all steps necessary to guard against the disclosure of any information that could in any way prejudice a current criminal or civil investigation or proceeding. SEC. 2572. PROTECTION FOR DECLARANTS. A declarant under this chapter shall enjoy the protections of section 3059A(e) of title 18, United States Code. SEC. 2573. PROMULGATION OF REGULATIONS. The Attorney General may promulgate any rules, regulations, or guidelines that, in the Attorney General’s judgment, are necessary and appropriate to the effective administration of this chapter. CHAPTER 2— DECLARATIONS PROVIDING THE UNITED STATES WITH NEW INFORMATION CONCERNING THE RECOVERY OF ASSETS SEC. 2576. FILING OF CONFIDENTIAL DECLARATIONS BY PRIVATE PERSONS IDENTIFYING SPECIFIC ASSETS. (a) In General.— After the United States obtains a final judgment or settlement in any action referred to in section 2561, any person may file a declaration identifying specific assets which might be recovered by the United States in satisfaction of that judgment or settlement. (b) Place of Filing.— A declaration under subsection (a) shall be filed with the Attorney General of the United States or with an agent designated by him for receiving declarations under this section. SEC. 2577. CONTENTS OF DECLARATIONS. A declaration filed pursuant to section 2576 shall— (1) set forth the name and address of the declarant and the basis for the declarant’s knowledge of the facts alleged; (2) allege under oath or affirmation specific facts indicating the nature, location, and approximate dollar value of the asset or assets and the names of all persons known to the declarant to have possession, custody, or control of the asset or assets; and (3) allege under oath or affirmation specific facts that establish a prima facie case showing that the asset is legally subject to attachment, garnishment, sequestration, or other proceeding in satisfaction of the judgment referred to in section 2576. SEC. 2578. CONFIDENTIALITY OF DECLARATIONS. (a) Period of Confidentiality.— A declarant and the declarant’s agents shall not disclose the existence or filing of a declaration filed pursuant to section 2576 until: (1) the declarant receives notice that the Attorney General has concluded that an action should not be pursued under section 2581(b); (2) the declarant receives notice of an award pursuant to section 2581(c); or (3) the declarant is granted a contract to pursue an action under section 2580(b) or 2582. (b) Maintenance of Confidentiality to Prevent Prejudice.— (1) Notwithstanding any other law, the contents of a declaration shall not be disclosed by the declarant if the disclosure would prejudice or compromise in any way the completion of any government investigation or any criminal or civil case that may arise out of, or make use of, information contained in a declaration, but information contained in a declaration may be disclosed as required by duly issued and authorized legal process. (2) The Attorney General may in a circumstance described in paragraph (1) notify a declarant that continued confidentiality is required under this subsection notwithstanding paragraph (1) or (2) of subsection (a). (c) Loss of Rights.— A declarant who discloses, except as provided by this chapter, the existence or filing of a declaration or the contents thereof to anyone other than a duly authorized Federal or State investigator or the declarant’s attorney shall immediately lose all rights under this chapter. SEC. 2579. INELIGIBILITY TO FILE VALID DECLARATIONS. (a) In General.— A declaration filed pursuant to section 2576 and in accordance with sections 2577 and 2578 is valid unless— (1) the declaration is filed by a current or former officer or employee of a Federal or State government agency or instrumentality who discovered or gathered the information in the declaration, in whole or in part, while acting within the course of the declarant’s government employment; (2) the declaration is filed by a person who knowingly participated in the violation of section 1517 of title 18, United States Code, or any of the sections of title 18, United States Code, referred to in section 2561, or any other fraudulent conduct with respect to which the declaration is made; (3) the declaration is filed by an institution-affiliated party (as defined in section 3(u) of the Federal Deposit Insurance Act (12 U.S.C. 1813(u)) who withheld information during the course of any bank examination or investigation authorized pursuant to section 10 of such Act (12 U.S.C. 1820) which such party owed a fiduciary duty to disclose; (4) the declaration is filed by a member of the immediate family of the individual whose activities are the subject of the declaration or where, in the discretion of the Attorney General, it appears the individual could benefit from the award; or (5) the declaration identifies an asset or assets the nature, location, or possible recovery of which has been disclosed to a member of the public in a criminal, civil, or administrative proceeding, in a congressional, administrative, or General Accounting Office report, hearing, audit or investigation, by any other government source, or by the news media, unless the person providing the declaration is the original source of the information. (b) Definition.— For the purposes of subsection (a)(5), the term “original source” means a person who has direct and independent knowledge of the information contained in the declaration and who voluntarily provided the information to the government prior to the disclosure. (c) Notice of Invalidity.— If the Attorney General determines at any time that a declaration is invalid under this section, that a declaration fails to meet the requirements of section 2577, or that a declaration has been disclosed in violation of section 2578, the Attorney General shall notify the person who filed the declaration in writing that the declaration is invalid, and the declarant shall not enjoy any of the rights of the declarant listed in section 2580 or 2581. SEC. 2580. RIGHTS OF DECLARANTS; PARTICIPATION IN ACTIONS. AWARDS. (a) In General.— A person who has filed a declaration that meets the requirements of sections 2576 through 2579 shall have the rights stated in this section. (b) Civil Action.— If the Attorney General determines that a proceeding to recover the asset or assets identified in the declaration should be referred to private counsel pursuant to chapter 4, the declarant, after consultation with the Attorney General, shall have the right to select counsel to prosecute the action, and the declarant and the declarant’s counsel shall act in accordance with chapter 4. (c) Share of Assets.— When the United States recovers any asset or assets specifically identified in a valid declaration filed under section 2576 and the Attorney General determines that the asset or assets would not have been recovered if the declaration had not been filed, the declarant shall have the right to share in the recovery in the amount of 20 percent to 30 percent of any recovery up to the first $1,000,000 recovered, 10 percent to 20 percent of the next $4,000,000 recovered, and 5 percent to 10 percent of the next $5,000,000 recovered. (d) Prohibition of Double Awards.— (1) No person shall receive both an award under this section and a reward under either section 34 of the Federal Deposit Insurance Act or section 3509A of title 18, United States Code, for providing the same or substantially similar information. (2) When a person qualifies for both an award under this section and a reward under either section 34 of the Federal Deposit Insurance Act or section 3509A of title 18, United States Code, for providing the same or substantially similar information, the person may notify the Attorney General in writing of the person’s election to seek an award under this section or a reward under such other section. (e) Appropriate Federal Banking Agency Exception.— For purposes of this section, funds or assets acquired by the United States shall not include any funds or assets acquired by any appropriate Federal banking agency acting in any capacity or the Resolution Trust Corporation acting in any capacity, except for any civil money penalties recovered by a Federal banking agency through a final judgement, order, or settlement. SEC. 2581. RIGHTS OF DECLARANTS; NOTIFICATIONS; GOVERNMENT ACCOUNTABILITY. (a) In General.— A person who has filed a declaration that meets the requirements of sections 2576 through 2579 shall have the rights stated in this section. (b) Notice of Decision Not to Pursue.— If, after review, the Attorney General concludes that the information contained in a declaration should not be pursued in a proceeding to recover the asset or assets, the Attorney General shall so notify the declarant in writing and shall provide a brief statement of the reasons that the declaration will not be pursued. (c) Judgment, Order, or Settlement.— (1) When the United States obtains a final judgment, order, or settlement transferring to the United States title to an asset or assets identified in a valid declaration filed under section 831, the Attorney General shall notify the declarant in writing of the entry of the judgment, order, or settlement. (2) A notice described in paragraph (1) shall contain— (A) the Attorney General’s determination of the amount of the award due the declarant under section 2580(c) upon recovery by the United States; and (B) a short statement of reasons for the amount of the award. (d) Notice of Pendency of Investigation or Proceeding.— (1) Subject to paragraph (2), if the Attorney General has not provided the declarant with notice under subsection (b) or a notice of invalidity pursuant to section 2579 within 1 year after the date of filing of the declaration, the Attorney General shall notify the declarant in writing that— (A) there is a pending investigation or proceeding in the course of which the declarant’s allegations are being addressed; or (B) the declarant’s allegations have not yet been addressed. (2) If the Attorney General certifies that it is in the interest of the United States to give further consideration to the information provided in the declaration for an additional 90-day period, the Attorney General shall so notify the declarant in writing. (e) Confidentiality of Notices.— All notices provided to a declarant under this section shall be kept confidential by the declarant in the same manner, and subject to the same penalties, as the declaration under section 2578. SEC. 2582. UNREVIEWED DECLARATIONS: PETITION TO PURSUE ACTION AS PRIVATE CONTRACTOR. (a) Notification.— (1) If, pursuant to section 2581(d)(1)(B), the Attorney General notifies a declarant that the declarant’s allegations have not yet been addressed, the declarant may notify the Attorney General to award a contract pursuant to chapter 4 to pursue the case. (2) A declarant’s notification under paragraph (1) shall be filed with the Attorney General not later than 30 days after the date of service of notice under section 2581(d)(1)(B), and the Attorney General shall respond to the notification not later than 30 days after receipt. (b) Contents of Response.— In response to a notification under subsection (a)(1), the Attorney General shall— (1) grant a contract pursuant to chapter 4; or (2) proceed with an action. (c) Grant of Contract.— If the Attorney General decides to grant a contract, the declarant, after consultation with the Attorney General, shall have the right to select counsel to prosecute an action, and the declarant and the declarant’s counsel shall act in accordance with chapter 4. SEC. 2583. NONREVIEWABILITY OF ACTION BY THE ATTORNEY GENERAL. Notwithstanding any other law, no court shall have jurisdiction over any claim based on any action taken by the Attorney General or any refusal to take action under this chapter, except for failure to provide notification under section 2581. SEC. 2584. PROTECTION FOR DECLARANTS. A declarant under this chapter shall enjoy the protections of section 3059A(e) of title 18, United States Code. SEC. 2585. PROMULGATION OF REGULATIONS. The Attorney General may promulgate any rules, regulations, or guidelines that, in the Attorney General’s judgment, are necessary and appropriate to the effective administration of this chapter. CHAPTER 3— REWARDS FOR INFORMATION LEADING TO RECOVERIES, CIVIL PENALTIES, OR PROSECUTIONS SEC. 2586. REWARD FOR INFORMATION LEADING TO RECOVERIES OR CIVIL PENALTIES. Section 34(a) of the Federal Deposit Insurance Act (12 U.S.C. 1831k(a)) is amended— (1) in paragraph (1) by striking “, in an amount that exceeds $50,000,”;and (2) by amending paragraph (2) to read as follows: “(2) a forfeiture under section 981 or 982 of title 18, United States Code, that arises in connection with a depository institution insured by the Federal Deposit Insurance Corporation”. SEC. 2587. REWARD FOR INFORMATION LEADING TO POSSIBLE PROSECUTION. (a) Amendment of Title 18, United States Code.— Chapter 203 of title 18, United States Code, is amended by inserting after section 3059 the following new section: “§ 3059A. Special rewards for information relating to certain financial institution offenses “(a) (1) In special circumstances and in the Attorney General’s sole discretion, the Attorney General may make payments to persons who furnish information unknown to the Government relating to a possible prosecution under section 215, 287, 656, 657, 1001, 1005, 1006, 1007, 1014, 1032, 1341, 1343, or 1344 of this title affecting a depository institution insured by the Federal Deposit Insurance Corporation or any other agency or entity of the United States, or to a possible prosecution for conspiracy to commit such an offense. “(2) The amount of a payment under paragraph (1) shall not exceed $50,000 and shall be paid from the Financial Institution Information Award Fund established under section 2569 of the Financial Institutions Anti-Fraud Enforcement Act of 1990. “(b) A person is not eligible for a payment under this subsection (a) if— “(1) the person is a current or former officer or employee of a Federal or State government agency or instrumentality who furnishes information discovered or gathered in the course of his government employment; “(2) the furnished information consists of allegations or transactions that have been disclosed to a member of the public in a criminal, civil, or administrative proceeding, in a congressional, administrative, or General Accounting Office report, hearing, audit or investigation, from any other government source, or from the news media unless the person is the original source of the information; “(3) the person is an institution-affiliated party (as defined in section 3(u) of the Federal Deposit Insurance Act, 12 U.S.C. 1813(u)) which withheld information during the course of any bank examination or investigation authorized pursuant to section 10 of such Act (12 U.S.C. 1820) who such party owed a fiduciary duty to disclose; “(4) the person is a member of the immediate family of the individual whose activities are the subject of the declaration or where, in the discretion of the Attorney General, it appears the individual could benefit from the award; or “(5) the person knowingly participated in the violation of the section with respect to which the payment would be made. “(c) For the purposes of this subsection (b)(2), the term ‘original source’ means a person who has direct and independent knowledge of the information on which the allegations are based and has voluntarily provided the information to the Government prior to the disclosure. “(d) Neither the failure of the Attorney General to authorize a payment nor the amount authorized shall be subject to judicial review. “(e) (1) A person who— “(A) is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment by an employer because of lawful acts done by the person on behalf of the person or others in furtherance of a prosecution under any of the sections referred to in subsection (a) (including provision of information relating to, investigation for, initiation of, testimony for, or assistance in such a prosecution); and “(B) was not a knowing participant in the unlawful activity that is the subject of such a prosecution, may, in a civil action, obtain all relief necessary to make the person whole. “(2) Relief under paragraph (1) shall include— “(A) (i) reinstatement with the same seniority status; “(ii) 2 times the amount of back pay plus interest; and “(iii) interest on the backpay, that the plaintiff would have had but for the discrimination; and “(B) compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney’s fees.”. (b) Technical Amendment.— The chapter heading for chapter 203 of title 18, United States Code, is amended by inserting after the item relating to section 3059 the following new item: “3059A. Special rewards for information relating to certain financial institution offenses”. CHAPTER 4— USE OF PRIVATE LEGAL RESOURCES SEC. 2588. AUTHORITY TO ENTER INTO CONTRACTS FOR PRIVATE COUNSEL. (a) In General.— The Attorney General may enter into contracts retaining private counsel to furnish legal services, including representation in investigation, negotiation, compromise, settlement, litigation, and execution of judgments in the case of any civil action referred to in section 2561 or section 2580. (b) Terms and Conditions.— Each contract under subsection (a) shall include the provisions described in section 2591 and such other terms and conditions as the Attorney General considers necessary and appropriate to protect the interests of the United States. (c) Limitation of Fee.— The amount of the contingency fee payable for legal services furnished under a contract described in subsection (a) shall not exceed the contingency fee that counsel engaged in the private practice of law in the jurisdiction wherein the legal services are furnished typically charge clients for furnishing the same or comparable legal services. (d) Contingent Fees.— Notwithstanding section 3302(b) of title 31, United States Code, a contract under this section shall provide that a fee that the United States pays private counsel for services is payable from the amount recovered and shall be based on a percentage of the civil penalties or assets recovered. SEC. 2589. CONTRACT DECISIONS NONREVIEWABLE. Notwithstanding any other law, no court shall have jurisdiction over any claim based on the Attorney General’s decision to refuse to enter into a contract for legal services referred to in section 2588. SEC. 2590. REPRESENTATION. Notwithstanding sections 516, 518(b), 519, and 547(2) of title 28, United States Code, private counsel retained under section 2588 may represent the United States in litigation in connection with legal services furnished pursuant to the contract entered into with that counsel, subject to the requirements specified in section 2591. SEC. 2591. CONTRACT PROVISIONS. A contract made with a private counsel under section 2588 shall include— (1) a provision permitting the Attorney General to terminate either the contract or the private counsel’s representation of the United States in particular cases if the Attorney General finds that such action is in the best interests of the United States; (2) a provision requiring private counsel to transmit monthly to the Attorney General a report on the services relating to matters handled pursuant to the contract during the preceding month and the progress made during that period; and (3) a provision requiring that the initiation, settlement, dismissal, or compromise of a claim be approved by a duly appointed officer of the United States. SEC. 2592. COUNTERCLAIMS. Any counterclaim filed in any action brought on behalf of the United States by private counsel retained under section 2588 may not be asserted unless the counterclaim has been served directly on the Attorney General and the United States Attorney for the judicial district in which, or embracing the place in which, the action is pending. Such service shall be made in accordance with the rules of procedure of the court in which the action on behalf of the United States is pending. SEC. 2593. AWARDS OF COSTS AND FEES TO PREVAILING PLAINTIFF. When the United States, through private counsel retained under this chapter, prevails in any civil action, the court, in its discretion, may allow the United States reasonable attorney’s fees and other expenses of litigation as part of the costs. SEC. 2594. PROMULGATION OF REGULATIONS. The Attorney General may promulgate any rules, regulations, or guidelines that, in the Attorney General’s judgment, are necessary and appropriate to the effective administration of this chapter. Subtitle I— Technical and Miscellaneous Amendments SEC. 2595. TECHNICAL AMENDMENTS TO TITLE 18, UNITED STATES CODE, RELATING TO REFERENCES TO BANKING INSTITUTIONS AND AGENCIES. (a) In General.— (1) Theft, embezzlement, or misapplication by bank officer or employee.— Section 656 of title 18, United States Code, is amended— (A) by inserting “depository institution holding company,” before “national bank’ the 1st place such term appears in the 1st sentence; (B) by inserting “or holding company” after “such bank” each place such term appears in the 1st paragraph; and (C) by adding at the end of the 2d paragraph the following new sentence: “For purposes of this section, the term ‘depository institution holding company’ has the meaning given such term in section 3 of the Federal Deposit Insurance Act.”. (2) Lending, credit, and insurance institutions.— Section 657 of title 18, United States Code, is amended— (A) by striking “Home Owners’ Loan Corporation,” and inserting “Office of Thrift Supervision, the Resolution Trust Corporation, any Federal home loan bank, the Federal Housing Finance Board,”; and (B) by striking “institution the accounts of which are insured by the Federal Savings and Loan Insurance Corporation” and inserting “institution, other than an insured bank (as defined in section 656), the accounts of which are insured by the Federal Deposit Insurance Corporation”. (3) Bank entries, reports, and transactions.— Section 1005 of title 18, United States Code, is amended— (A) by inserting “or company” after “such bank” each place such term appears in the 1st paragraph; (B) by striking “bank or savings and loan” and inserting “depository institution”; and (C) by adding at the end of the 6th undesignated paragraph the following new sentence: “For purposes of this section, the term ‘depository institution holding company’ has the meaning given such term in section 3(w)(1) of the Federal Deposit Insurance Act.”. (4) Federal credit institution entries, reports, and transactions.— Section 1006 of title 18, United States Code, is amended— (A) by striking “Home Owners’ Loan Corporation,” and inserting “Office of Thrift Supervision, any Federal home loan bank, the Federal Housing Finance Board, the Resolution Trust Corporation,”; and (B) by striking “institution the accounts of which are insured by the Federal Savings and Loan Insurance Corporation” and inserting “institution, other than an insured bank (as defined in section 656), the accounts of which are insured by the Federal Deposit Insurance Corporation”. (5) Loans and credit applications generally; renewals and discounts.— Section 1014 of title 18, United States Code, is amended— (A) by striking “the Federal Home Loan Bank System,” and inserting “the Office of Thrift Supervision, any Federal home loan bank, the Federal Housing Finance Board,”; and (B) by inserting a comma after “Resolution Trust Corporation”. (b) Indictments and Information Dismissed Before Period of Limitations.— Section 3289 of title 18, United States Code, is amended by striking “or, in the event of an appeal, within 60 days of the date the dismissal of the indictment or information becomes final,” where such term appears and inserting such term after “expiration of the applicable statute of limitations,”. SEC. 2596. MISCELLANEOUS TECHNICAL AMENDMENTS. (a) Cease and Desist Authority.— Section 8(b) of the Federal Deposit Insurance Act (12 U.S.C. 1818(b)) is amended— (1) in paragraph (6), by inserting “or remedy” after “to take affirmative action to correct”; and (2) in paragraph (4), by striking “subsections (c), (d), (h), (i), (k), (1), (m), and (n)” and inserting “subsections (c) through (s) and subsection (u)”. (b) Temporary Orders.— Section 8(c)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1818(c)(1)) is amended— (1) by inserting “or remedy” after “to take affirmative action to prevent”; and (2) by striking “(b)(6)(B)” and inserting “(b)(6)”. (c) Right to Financial Privacy.— Section 1101(6)(B) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3401(6)(B)) by striking “3(f)(1)” and inserting “4(f)(1)”. (d) Violations to Which Civil Money Penalties Applies.— Section 951(c)(1) of the Financial Institutions Reform, Recovery, and 12 USC 1833a. Enforcement Act of 1989 is amended— (1) by inserting “287, 1001, 1032,” before “1341;”; and (2) by adding at the end thereof the following new flush sentence: “This section shall apply to violations occurring on or after August 10, 1984.” SEC. 2597. AMENDMENTS TO INCLUDE VARIOUS ENTITIES WHICH ENGAGE IN INTERNATIONAL BANKING BUSINESS WITHIN THE UNITED STATES WITHIN THE SCOPE OF FINANCIAL CRIME PROVISIONS. (a) Definition of Financial Institution.— Section 20 of title 18, United States Code, is amended— (1) by striking the period at the end of paragraph (6) and inserting a semicolon; and (2) by adding at the end the following new paragraphs: “(7) a Federal Reserve bank or a member bank of the Federal Reserve System; “(8) an organization operating under section 25 or section 25(a) of the Federal Reserve Act; or “(9) a 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).”. (b) Offer of Loan or Gratuity to Bank Examiner.— Section 212 of title 18, United States Code, is amended— (1) in the 1st undesignated paragraph— (A) by striking “System or the deposits of which” and inserting “System, or the deposits of which”; (B) by inserting “or which is a 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 which is an organization operating under section 25 or section 25(a) of the Federal Reserve Act,” after “deposits of which are insured by the Federal Deposit Insurance Corporation,”; and (C) by inserting “branch, agency, organization,” after “who examines or has authority to examine such bank,”; and (2) in the 2d undesignated paragraph— (A) by striking “System or insured” and inserting “System, insured”; and (B) by inserting “branches or agencies of foreign banks (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), organizations operating under section 25 or section 25(a) of the Federal Reserve Act,” after “financial institutions,”. (c) Acceptance of Loan or Gratuity by Bank Examiner.— Section 213 of title 18, United States Code, is amended— (1) by striking “System or financial institutions the deposits of which” and inserting “System, financial institutions the deposits of which”; (2) by inserting “which are branches or agencies of foreign banks (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), or which are organizations operating under section 25 or section 25(a) of the Federal Reserve Act,” after “deposits of which are insured by the Federal Deposit Insurance Corporation,”; (3) by inserting “branch, agency,” after “accepts a loan or gratuity from any bank,”. (d) Custodians, Generally, Misusing Public Funds.— Section 648 of title 18, United States Code, is amended by inserting “, including 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),” after “or deposits in any bank”. (e) Theft by Examiner.— Section 655 of title 18, United States Code, is amended— (1) in the 1st undesignated paragraph— (A) by striking “System or which is insured” and inserting “System, which is insured”; (B) by inserting “which is a 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 which is an organization operating under section 25 or section 25(a) of the Federal Reserve Act,” after “by the Federal Deposit Insurance Corporation,”; and (C) by inserting “branch, agency, or organization,” after “premises of such bank,”; and (2) in the 2d undesignated paragraph— (A) by striking “System or banks the deposits of which” and inserting “System, banks the deposits of which”; and (B) by inserting “branches or agencies of foreign banks (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), or organizations operating under section 25 or section 25(a) of the Federal Reserve Act,” after “are insured by the Federal Deposit Insurance Corporation,”. (f) Theft, Embezzlement, or Misapplication by Bank Officer or Employee.— Section 656 of title 18, United States Code (as amended by section 2104(b) of this subtitle) is amended— (1) in the 1st undesignated paragraph— (A) by striking “national bank, or insured bank” and inserting “national bank, insured bank, branch or agency of a foreign bank, or organization operating under section 25 or section 25(a) of the Federal Reserve Act,”; (B) by inserting “insured bank, branch, agency, or organization” after “receiver of a national bank,”; (C) by inserting “, branch, agency, or organization” after “misapplies any of the moneys, funds or credits of such bank”; (D) by inserting “branch, agency, or organization,” after “custody or care of such bank,”; and (2) in the 2d undesignated paragraph— (A) by striking “and” after “one of the Federal Reserve banks,”; and (B) by inserting before the period the following: “; and the term ‘branch or agency of a foreign bank’ means a branch or agency described in section 20(9) of this title”. (g) Certification of Checks.— Section 1004 of title 18, United States Code, is amended— (1) by striking “or” after “Federal Reserve bank” and inserting a comma; (2) by inserting “insured bank (as defined in section 3(h) of the Federal Deposit Insurance Act), 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 organization operating under section 25 or section 25(a) of the Federal Reserve Act,” after “member bank of the Federal Reserve System,”; and (3) by inserting “, branch, agency, or organization,” after “has been regularly deposited in the bank”. (h) Bank Entries, Reports, and Transactions.— Section 1005 of title 18, United States Code (as amended by section 2104(d) of this subtitle) is amended— (1) in the 1st undesignated paragraph— (A) by striking “national bank or insured bank” and inserting “national bank, insured bank, branch or agency of a foreign bank, or organization operating under section 25 or section 25(a) of the Federal Reserve Act,”; and (B) by inserting “, branch, agency, or organization” after “of such bank” each place such term appears; (2) in the 3d undesignated paragraph, by striking “bank or company” each place such term appears and inserting “bank, company, branch, agency, or organization”; and (3) in the last undesignated paragraph— (A) by striking “and” after “one of the Federal Reserve banks;”; and (B) by inserting before the period the following: “; and the term ‘branch or agency of a foreign bank’ means a branch or agency described in section 20(9) of this title”. (i) False Statements in Loan, Credit, and Crop Insurance Applications.— Section 1014 of title 18, United States Code (as amended by section 2104(g) of this subtitle) is amended by inserting “a 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 an organization operating under section 25 or section 25(a) of the Federal Reserve Act,” after “or the National Credit Union Administration Board”. (j) Fraud and Related Activity in Connection With Computers.— Section 1030(e)(4) of title 18, United States Code, is amended— (1) by striking “and” at the end of subparagraph (F); (2) by striking the period at the end of subparagraph (G) and inserting a semicolon; and (3) by adding at the end the following new subparagraphs: “(H) a 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); and “(I) an organization operating under section 25 or section 25(a) of the Federal Reserve Act.”. (k) Disclosure of Information From a Bank Examination Report.— Section 1906 of title 18, United States Code, is amended— (1) by striking “System, or bank insured” and inserting “System, any bank insured”; (2) by inserting “, 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”; (3) by inserting “branch, agency, or organization,” after “proper officers of such bank,”; (4) by inserting “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”; (5) by inserting “, 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”; (6) by inserting “, including any insured branch (as defined in section 3(s) of the Federal Deposit Insurance Act),” after “any other insured bank”; and (7) by inserting “or organization” after “board of directors of such bank”. (l) Bank Robbery and Incidental Crimes.— Section 2113(f) of title 18, United States Code, is amended by inserting “including a 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),” after “operating under the laws of the United States,”.

4. 1990

   Comprehensive Thrift and Bank Fraud Prosecution and Taxpayer Recovery Act of 1990

   Pub. L. 101–647 § 2597(h)(3)(A) · 104 Stat. 4789

   Struck · 18 U.S.C. § 1005

   Pub. L. 101–647, § 2597(h)(3)(A), in sixth par. struck out “and” after “one of the Federal Reserve Banks;”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 101–647, § 2597(h)(3)(A), in sixth par. struck out “and” after “one of the Federal Reserve Banks;”.

   Enacted provision · exact public law section
   (A) by striking “and” after “one of the Federal Reserve banks;”; and

5. 1990

   Comprehensive Thrift and Bank Fraud Prosecution and Taxpayer Recovery Act of 1990

   Pub. L. 101–647 § 2597(h)(3)(B) · 104 Stat. 4789

   Inserted · 18 U.S.C. § 1005

   Pub. L. 101–647, § 2597(h)(3)(B), which, in sixth par., directed insertion of “; and the term ‘branch or agency of a foreign bank’ means a branch or agency described in section 20(9) of this title” before the period, was inserted before period at end of first sentence to reflect the probable intent of Congress and intervening amendment by Pub. L. 101–647, § 2595(a)(3)(C). See below

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 101–647, § 2597(h)(3)(B), which, in sixth par., directed insertion of “; and the term ‘branch or agency of a foreign bank’ means a branch or agency described in section 20(9) of this title” before the period, was inserted before period at end of first sentence to reflect the probable intent of Congress and intervening amendment by Pub. L. 101–647, § 2595(a)(3)(C). See below.

   Enacted provision · exact public law section
   (B) by inserting before the period the following: “; and the term ‘branch or agency of a foreign bank’ means a branch or agency described in section 20(9) of this title”.

6. 1990

   Comprehensive Thrift and Bank Fraud Prosecution and Taxpayer Recovery Act of 1990

   Pub. L. 101–647 § 2595(a)(3)(C) · 104 Stat. 4789

   Inserted · 18 U.S.C. § 1005

   Pub. L. 101–647, § 2595(a)(3)(C), inserted “For purposes of this section, the term ‘depository institution holding company’ has the meaning given such term in section 3(w)(1) of the Federal Deposit Insurance Act.” at end of sixth par

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 101–647, § 2595(a)(3)(C), inserted “For purposes of this section, the term ‘depository institution holding company’ has the meaning given such term in section 3(w)(1) of the Federal Deposit Insurance Act.” at end of sixth par.

   Enacted provision · exact public law section
   (C) by adding at the end of the 6th undesignated paragraph the following new sentence: “For purposes of this section, the term ‘depository institution holding company’ has the meaning given such term in section 3(w)(1) of the Federal Deposit Insurance Act.”.

7. 2002

   Criminal Law Technical Amendments Act of 2002

   Pub. L. 107–273 div. B title IV § 4003(a)(2) · 116 Stat. 1758

   Substituted · 18 U.S.C. § 1005

   Pub. L. 107–273, in first par. substituted “Act,” for “Act,,” and in third par. inserted “or” at end

   Source evidence

   Code amendment note
   Pub. L. 107–273, in first par. substituted “Act,” for “Act,,” and in third par. inserted “or” at end.

   Enacted provision · exact public law section
   (2) in section 1005— (A) in the first undesignated paragraph, by striking “Act,,” and inserting “Act,”; and (B) by inserting “or” at the end of the third undesignated paragraph;

8 of 14 references resolved to an enrolled provision · 6 partial