Page:United States Statutes at Large Volume 106 Part 5.djvu/355

 PUBLIC LAW 102-550—OCT. 28, 1992 106 STAT. 3993 issue any notice and proceed under this subtitle against any such director or executive officer, if such notice is served before the end of the 2-year periocl beginning on the date such director or executive officer ceases to be associated with the enterprise. SEC. 1378. PBIVATE RIGHTS OF ACTION. 12 USC 4638. This title and the amendments made by this title shall not create any private right of action on behalf of any person against an enterprise, or any director or executive officer of an enterprise, or impfidr any existing private right of action under other apphcable law. SEC. 1379. PUBLIC DISCIX>SURE OF FINAL ORDERS AND AGREE- 12 USC 4639. MENTS. (a) IN GENERAL. — The Director shall make available to the public— (1) any written agreement or other written statement for which a violation may be redressed by the Director or any modification to or termination thereof, unless the Director, in the Director's discretion, determines that public disclosure would be contrary to the public interest; (2) any order that is issued with respect to any administrative enforcement proceeding initiated by the Director under this subtitle and that has become final in accordance with sections 1373 and 1374; and (3) any modification to or termination of any final order made public pursuant to this subsection. (b) HEARINGS.—All hearings on the record with respect to any notice of charges issued by the Director shall be open to Uie public, unless the Director, in the Director'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 Director makes a determination in writing that the public disclosure of any final order pursuant to subsection (a) would seriously threaten the financial health or security of the enterprise, the Director may delay the public disclosure of such order for a reasonable time. (d) DOCUMENTS FILED UNDER SEAL IN PUBLIC ENFORCEMENT HEARINGS. —The Director may file any document or part thereof under seal in any hearing commenced by the Director if the Director determines in writing mat disclosure thereof would be contrary to the public interest. (e) RETENTION OF DOCUMENTS.—The Director shall keep and Records. 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 Director under this subtitle or any other law. (0 DISCLOSURES TO CONGRESS.— T his 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. SEC. 1379A. NOTICE OF SERVICE. 12 USC 4640. Any service required or authorized to be made by the Director under this subtitle may be made by registered mail, or in such other manner reasonably calculated to give actual notice as the Director may by regulation or otherwise provide.

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