Page:United States Statutes at Large Volume 106 Part 5.djvu/330

 106 STAT. 3968 PUBLIC LAW 102-550—OCT. 28, 1992 Secretary determines that the enterprise has intentionally failed to make a good faith effort to comply with an approved plan, (g) DEPOSIT OF PENALTIES. —The Secretai;^ shall deposit any civil money penalties collected under this section into the general fund of the Treasury. 12 USC 4586. SEC. 1346. PUBLIC DISCLOSURE OF FINAL ORDERS AND AGREEMENTS. (a) IN GENERAL.—The Secretary shall make available to the public— (1) any written agreement or other written statement for which a violation may be redressed by the Secretary or any modification to or termination thereof unless the (Secretary, in the Secretary's discretion, determines that public disclosure would be contrary to the public interest or determines under subsection (c) that public disclosure would seriously threaten the financial health or security of the enterprise; (2) any order that is issued with respect to any administrative enforcement proceeding initiated by the Secretary under this subpart and that has become final in accordance with sections 1342 and 1343; and (3) any modification to or termination of any final order made public pursuant to this subsection. (b) HEARINGS.—All hearings with respect to any notice of charges issued by the Secretary shall be open to the public, unless the Secretary, in the Secretary's discretion, determines that holding an open hearing would be contrary to the public interest. (c) DELAY OF PUBLIC DISCLOSURE UNDER EXCEPTIONAL CIR- CUMSTANCES.—If the Secretary makes a determination in writing that the public disclosure of any final order pursuant to subsection (a) would seriously threaten the financial soundness of the enterprise, the Secretary may delay the public disclosure of such order for a reasonable time. (d) DOCUMENTS FILED UNDER SEAL IN PUBLIC ENFORCEMENT HEARINGS.—The Secretary may file any document or part thereof under seal in any hearing under this subpart if the Secretary determines in writing that disclosure thereof would be contrary to the public interest. Records. (e) RETENTION OF DOCUMENTS. —The Secretary shall keep and maintain a record, for not less than 6 years, of all documents described in subsection (a) and all enforcement agreements and other supervisory actions and supporting documents issued with respect to or in connection with any enforcement proceeding initiated by the Secretary under this subpart. (f) DISCLOSURES TO CONGRESS.— This section may not be construed to authorize the withholding, or to prohibit the disclosure, of any information to the Congress or any committee or subcommittee thereof. 12 USC 4587. SEC. 1347. NOTICE OF SERVICE. Any service required or authorized to be made by the Secretary under this subpart may be made by registered mail or in such other manner reasonably calculated to give actual notice, as the Secretary may by regulation or otherwise provide. 12 USC 4588. SEC. 1348. SUBPOENA AUTHORITY. (a) IN GENERAL.—In the course of or in connection with anv administrative proceeding under this subpart, the Secretary shall have the authority— ,. ^

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