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Title 18 — Crimes and Criminal Procedure

Part I · Chapter 93 — Public Officers and Employees

§ 1906. Disclosure of information from a bank examination report

Statutory text

Whoever, being an examiner, public or private, or a Government Accountability Office employee with access to bank examination report information under section 714 of title 31, discloses the names of borrowers or the collateral for loans of any member bank of the Federal Reserve System, any bank insured by the Federal Deposit Insurance Corporation, any branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), or any organization operating under section 25 or section 25(a) 1 of the Federal Reserve Act, examined by him or subject to Government Accountability Office audit under section 714 of title 31 to other than the proper officers of such bank, branch, agency, or organization, without first having obtained the express permission in writing from the Comptroller of the Currency as to a national bank or a Federal branch or Federal agency (as such terms are defined in paragraphs (5) and (6) of section 1(b) of the International Banking Act of 1978), the Board of Governors of the Federal Reserve System as to a State member bank, an uninsured State branch or State agency (as such terms are defined in paragraphs (11) and (12) of section 1(b) of the International Banking Act of 1978), or an organization operating under section 25 or section 25(a) 1 of the Federal Reserve Act, or the Federal Deposit Insurance Corporation as to any other insured bank, including any insured branch (as defined in section 3(s) of the Federal Deposit Insurance Act),,2 or from the board of directors of such bank or organization, except when ordered to do so by a court of competent jurisdiction, or by direction of the Congress of the United States, or either House thereof, or any committee of Congress or either House duly authorized or as authorized by section 714 of title 31 shall be fined under this title or imprisoned not more than one year or both.

Footnotes

  1. 1 See References in Text note below.
  2. 2 So in original.

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. Pub. L. 80–645 · 62 Stat. 683

    Enacted · 18 U.S.C. § 1906

    June 25, 1948, ch. 645, 62 Stat. 791

    Source evidence

    Code source credit
    June 25, 1948, ch. 645, 62 Stat. 791

  2. Federal Banking Agency Audit Act

    Pub. L. 95–320 § 3 · 92 Stat. 391

    1. Substituted · 18 U.S.C. § 1906

      Pub. L. 95–320 substituted “from a bank examination report” for “by bank examiner” in section catchline and, in text

    2. Substituted · 18 U.S.C. § 1906

      Pub. L. 95–320 substituted “public or private, or a General Accounting Office employee with access to bank examination report information under section 117(e) of the Accounting and Auditing Act of 1950, discloses” for “public or private, discloses”

    3. Substituted · 18 U.S.C. § 1906

      Pub. L. 95–320 substituted “examined by him or subject to General Accounting Office audit under section 117(e) of the Accounting and Auditing Act of 1950 to other than” for “, examined by him, to other than”

    4. Substituted · 18 U.S.C. § 1906

      Pub. L. 95–320 substituted “either House duly authorized or as authorized by section 117(e) of the Accounting and Auditing Act of 1950 shall be fined” for “either House duly authorized, shall be fined”

    Source evidence

    Code amendment note
    Pub. L. 95–320 substituted “from a bank examination report” for “by bank examiner” in section catchline and, in text, substituted “public or private, or a General Accounting Office employee with access to bank examination report information under section 117(e) of the Accounting and Auditing Act of 1950, discloses” for “public or private, discloses”, “examined by him or subject to General Accounting Office audit under section 117(e) of the Accounting and Auditing Act of 1950 to other than” for “, examined by him, to other than”, and “either House duly authorized or as authorized by section 117(e) of the Accounting and Auditing Act of 1950 shall be fined” for “either House duly authorized, shall be fined”.

    Enacted provision · exact public law section
    Sec. 3. Section 1906 of title 18, United States Code, is amended to read as follows: “§ 1906. Disclosure of information from a bank examination report “Whoever, being an examiner, public or private, or a General Accounting Office employee with access to bank examination report information under section 117(e) of the Accounting and Auditing Act of 1950, discloses the names of borrowers or the collateral for 31 USC 67. loans of any member bank of the Federal Reserve System, or bank insured by the Federal Deposit Insurance Corporation examined by him or subject to General Accounting Office audit under section 117(e) of the Accounting and Auditing Act of 1950 to other than the proper officers of such bank, without first having obtained the express permission in writing from the Comptroller of the Currency as to a national bank, the Board of Governors of the Federal Reserve System as to a State member bank, or the Federal Deposit Insurance Corporation as to any other insured bank, or from the board of directors of such bank, except when ordered to do so by a court of competent jurisdiction, or by direction of the Congress of the United States, or either House thereof, or any committee of Congress or either House duly authorized or as authorized by section 117(e) of the Accounting and Auditing Act of 1950 shall be fined not more than $5,000 or imprisoned not more than one year or both.”.

  3. Pub. L. 97–258 § 3(e)(1) · 96 Stat. 1064

    Substituted · 18 U.S.C. § 1906

    Pub. L. 97–258 substituted “section 714 of title 31” for “section 117(e) of the Accounting and Auditing Act of 1950” wherever appearing

    Source evidence

    Code amendment note
    Pub. L. 97–258 substituted “section 714 of title 31” for “section 117(e) of the Accounting and Auditing Act of 1950” wherever appearing.

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

    Pub. L. 101–647 title XXV § 2597(k) · 104 Stat. 4789

    1. Substituted · 18 U.S.C. § 1906

      Pub. L. 101–647 substituted “System, any bank insured” for “System, or bank insured”

    2. Inserted · 18 U.S.C. § 1906

      Pub. L. 101–647 inserted “, any branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), or any organization operating under section 25 or section 25(a) of the Federal Reserve Act,” after “by the Federal Deposit Insurance Corporation”, “branch, agency, or organization,” after “proper officers of such bank,”, “or a Federal branch or Federal agency (as such terms are defined in paragraphs (5) and (6) of section 1(b) of the International Banking Act of 1978)” after “national bank”, “, an uninsured State branch or State agency (as such terms are defined in paragraphs (11) and (12) of section 1(b) of the International Banking Act of 1978), or an organization operating under section 25 or section 25(a) of the Federal Reserve Act” after “as to a State member bank”, “, including any insured branch (as defined in section 3(s) of the Federal Deposit Insurance Act),” after “any other insured bank”, and “or organization” after “board of directors of such bank”

    Source evidence

    Code amendment note
    Pub. L. 101–647 substituted “System, any bank insured” for “System, or bank insured” and inserted “, any branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), or any organization operating under section 25 or section 25(a) of the Federal Reserve Act,” after “by the Federal Deposit Insurance Corporation”, “branch, agency, or organization,” after “proper officers of such bank,”, “or a Federal branch or Federal agency (as such terms are defined in paragraphs (5) and (6) of section 1(b) of the International Banking Act of 1978)” after “national bank”, “, an uninsured State branch or State agency (as such terms are defined in paragraphs (11) and (12) of section 1(b) of the International Banking Act of 1978), or an organization operating under section 25 or section 25(a) of the Federal Reserve Act” after “as to a State member bank”, “, including any insured branch (as defined in section 3(s) of the Federal Deposit Insurance Act),” after “any other insured bank”, and “or organization” after “board of directors of such bank”.

    Enacted provision · exact public law section
    (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”.

  5. Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 title XXXIII § 330016(1)(K) · 108 Stat. 1796

    Substituted · 18 U.S.C. § 1906

    Pub. L. 103–322 substituted “fined under this title” for “fined not more than $5,000”

    Source evidence

    Code amendment note
    Pub. L. 103–322 substituted “fined under this title” for “fined not more than $5,000”.

    Enacted provision · exact public law section
    (K) in sections 35, 81, 112, 152, 153, 155, 212, 213, 214, 285, 334, 351, 435, 436, 438, 471, 472, 473, 476, 477, 478, 481, 485, 487, 488, 497, 498, 505, 506, 508, 509, 541, 542, 543, 544, 546, 547, 548, 549, 550, 551, 552, 592, 593, 602, 603, 606, 607, 642, 655, 658, 659, 660, 661, 663, 751, 799, 844, 872, 874, 875, 876, 877, 878, 914, 915, 924, 953, 954, 956, 1004, 1010, 1011, 1015, 1017, 1025, 1028, 1071, 1073, 1074, 1163, 1169, 1231, 1265, 1363, 1421, 1422, 1423, 1424, 1425, 1426, 1427, 1428, 1429, 1461, 1462, 1463, 1465, 1503, 1505, 1506, 1507, 1510, 1581, 1582, 1583, 1584, 1585, 1588, 1658, 1659, 1717, 1732, 1735, 1737, 1751, 1906, 1907, 1908, 1909, 1915, 1991, 2072, 2073, 2113, 2217, 2152, 2197, 2231, 2244, 2314, 2316, 2317, 2344, and 2701 by striking “not more than $5,000” each place it appears and inserting “under this title”;

  6. GAO Human Capital Reform Act of 2004

    Pub. L. 108–271 § 8(b) · 118 Stat. 811

    Substituted · 18 U.S.C. § 1906

    Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in two places

    Source evidence

    Code amendment note
    Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in two places.

    Enacted provision · exact public law section
    (b) References.— Any reference to the General Accounting Office in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act shall be considered to refer and apply to the Government Accountability Office.

8 of 10 references resolved to an enrolled provision · 2 partial

Notes

Historical and Revision Notes

Based on section 594 of title 12, U.S.C., 1940 ed., Banks and Banking (Dec. 23, 1913, ch. 6, § 22 [second and third sentences of second paragraph], 38 Stat. 272, 273; Sept. 26, 1918, ch. 177, § 5 [22(b), second paragraph], 40 Stat. 970; Aug. 23, 1935, ch. 614, § 326(b), 49 Stat. 716).

Other provisions of section 594 of title 12, U.S.C., 1940 ed., Banks and Banking, were consolidated with similar provisions from other sections, to form section 1909 of this title.

Changes were made in phraseology.

Editorial Notes

References in Text

Section 1(b) of the International Banking Act of 1978, referred to in text, is classified to section 3101 of Title 12, Banks and Banking.

Section 25 of the Federal Reserve Act, referred to in text, is classified to subchapter I (§ 601 et seq.) of chapter 6 of Title 12. Section 25(a) of the Federal Reserve Act, which is classified to subchapter II (§ 611 et seq.) of chapter 6 of Title 12, was renumbered section 25A of that act by Pub. L. 102–242, title I, § 142(e)(2), , 105 Stat. 2281.

Section 3(s) of the Federal Deposit Insurance Act, referred to in text, is classified to section 1813(s) of Title 12.

Amendments1978–2004 · 5 rounds

2004

Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in two places.

1994

Pub. L. 103–322 substituted “fined under this title” for “fined not more than $5,000”.

1990

Pub. L. 101–647 substituted “System, any bank insured” for “System, or bank insured” and inserted “, any branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), or any organization operating under section 25 or section 25(a) of the Federal Reserve Act,” after “by the Federal Deposit Insurance Corporation”, “branch, agency, or organization,” after “proper officers of such bank,”, “or a Federal branch or Federal agency (as such terms are defined in paragraphs (5) and (6) of section 1(b) of the International Banking Act of 1978)” after “national bank”, “, an uninsured State branch or State agency (as such terms are defined in paragraphs (11) and (12) of section 1(b) of the International Banking Act of 1978), or an organization operating under section 25 or section 25(a) of the Federal Reserve Act” after “as to a State member bank”, “, including any insured branch (as defined in section 3(s) of the Federal Deposit Insurance Act),” after “any other insured bank”, and “or organization” after “board of directors of such bank”.

1982

Pub. L. 97–258 substituted “section 714 of title 31” for “section 117(e) of the Accounting and Auditing Act of 1950” wherever appearing.

1978

Pub. L. 95–320 substituted “from a bank examination report” for “by bank examiner” in section catchline and, in text, substituted “public or private, or a General Accounting Office employee with access to bank examination report information under section 117(e) of the Accounting and Auditing Act of 1950, discloses” for “public or private, discloses”, “examined by him or subject to General Accounting Office audit under section 117(e) of the Accounting and Auditing Act of 1950 to other than” for “, examined by him, to other than”, and “either House duly authorized or as authorized by section 117(e) of the Accounting and Auditing Act of 1950 shall be fined” for “either House duly authorized, shall be fined”.

Executive Documents

Exception as to Transfer of Functions

Functions vested by any provision of law in Comptroller of the Currency, referred to in this section, were not included in transfer of functions of officers, agencies, and employees of Department of the Treasury to Secretary of the Treasury, made by Reorg. Plan No. 26, of 1950, § 1, eff. , 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees.

Credits

1948–2004 · 6 acts
  1. 1948June 25, 1948, ch. 645, 62 Stat. 791
  2. 1978Pub. L. 95–320, § 3, , 92 Stat. 393
  3. 1982Pub. L. 97–258, § 3(e)(1), , 96 Stat. 1064
  4. 1990Pub. L. 101–647, title XXV, § 2597(k), , 104 Stat. 4911
  5. 1994Pub. L. 103–322, title XXXIII, § 330016(1)(K), , 108 Stat. 2147
  6. 2004Pub. L. 108–271, § 8(b), , 118 Stat. 814.
Show as published

(June 25, 1948, ch. 645, 62 Stat. 791; Pub. L. 95–320, § 3, , 92 Stat. 393; Pub. L. 97–258, § 3(e)(1), , 96 Stat. 1064; Pub. L. 101–647, title XXV, § 2597(k), , 104 Stat. 4911; Pub. L. 103–322, title XXXIII, § 330016(1)(K), , 108 Stat. 2147; Pub. L. 108–271, § 8(b), , 118 Stat. 814.)

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