Page:United States Statutes at Large Volume 103 Part 1.djvu/505

 PUBLIC LAW 101-73—AUG. 9, 1989 103 STAT. 477 banking agency (as so defined) occurring before the date of the enactment of this Act. SEC. 908. CLARIFICATION OF CRIMINAL PENALTY PROVISIONS FOR VIO- LATION OF CERTAIN ORDERS. (a) DEPOSITORY INSTITUTIONS INSURED BY THE FDIC. —Section 8(j) of the Federal Deposit Insurance Act (12 U.S.C. 1818(j)) is amended to read as follows: V "(j) CRIMINAL PENALTY.— Whoever, being subject to an order in effect under subsection (e) or (g), without the prior written approval of the appropriate Federal financial institutions regulatory agency, knowingly participates, directly or indirectly, in any manner (including by engaging in an activity specifically prohibited in such an order or in subsection (e)(6)) in the conduct of the affairs of— "(1) any insured depository institution; "(2) any institution treated as an insured bank under subsec- tion (b)(3) or (b)(4), or as a savings association under subsection (b)(8); "(3) any insured credit union (as defined in section 101(7) of the Federal Credit Union Act); "(4) any institution chartered under the Farm Credit Act of 1971; or "(5) the Resolution Trust Corporation, ^ shall be fined not more than $1,000,000, imprisoned for not more than 5 years, or both.". (b) CREDIT UNIONS INSURED BY THE NCUA. —Section 206(1) of the Federal Credit Union Act (12 U.S.C. 1786(1)) is amended to read as follows: "(1) CRIMINAL PENALTY FOR VIOLATION OF CERTAIN ORDERS. —Who- ever— "(1) under this Act, is suspended or removed from, or prohib- ited from participating in the affairs of any credit union de- scribed in section 206(g)(5); and "(2) knowingly participates, directly or indirectly, in any manner (including by engaging in an activity specifically prohibited in such an order or in subsection (g)(5)) in the con- duct of the Eiffairs of such a credit union; shall be fined not more than $1,000,000, imprisoned for not more than 5 years, or both.". SEC. 909. SUPERVISORY RECORDS. Section 11 of the Federal Deposit Insurance Act (12 U.S.C. 1821) is amended by inserting after subsection (m) (as added by section 214 of this Act) the following new subsection: " (o) SUPERVISORY RECORDS.— In addition to the requirements of section 7(a)(2) to provide to the (Dorporation copies of reports of ' examination and reports of condition, whenever the Corporation has been appointed as receiver for an insured depository institution, the appropriate Federal banking agency shall make available all super- visory records to the receiver which may be used by the receiver in any manner the receiver determines to be appropriate.". SEC. 910. INCREASED PENALTY FOR PARTICIPATION BY CONVICTED INDIVIDUALS. (a) BANKS INSURED BY THE FDIC. —Section 19 of the Federal Deposit Insurance Act (12 U.S.C. 1829) is amended to read as follows:

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