Page:United States Statutes at Large Volume 117.djvu/2919

 117 STAT. 2900

PUBLIC LAW 108–198—DEC. 19, 2003 ‘‘(C) the Office of Thrift Supervision; ‘‘(D) the Federal Deposit Insurance Corporation; ‘‘(E) the Federal Housing Finance Board; ‘‘(F) the Farm Credit Administration; ‘‘(G) the Farm Credit System Insurance Corporation; and ‘‘(H) the Small Business Administration. ‘‘(3) FINANCIAL INSTITUTION.—The term ‘financial institution’ does not include a credit union, a Federal Reserve Bank, a Federal home loan bank, or a depository institution holding company. ‘‘(4) LOAN.—The term ‘loan’ does not include any credit card account established under an open end consumer credit plan or a loan secured by residential real property that is the principal residence of the examiner, if— ‘‘(A) the applicant satisfies any financial requirements for the credit card account or residential real property loan that are generally applicable to all applicants for the same type of credit card account or residential real property loan; ‘‘(B) the terms and conditions applicable with respect to such account or residential real property loan, and any credit extended to the examiner under such account or residential real property loan, are no more favorable generally to the examiner than the terms and conditions that are generally applicable to credit card accounts or residential real property loans offered by the same financial institution to other borrowers cardholders in comparable circumstances under open end consumer credit plans or for residential real property loans; and ‘‘(C) with respect to residential real property loans, the loan is with respect to the primary residence of the applicant.

‘‘§ 213. Acceptance of loan or gratuity by financial institution examiner ‘‘(a) IN GENERAL.—Whoever, being an examiner or assistant examiner, accepts a loan or gratuity from any bank, branch, agency, organization, corporation, association, or institution examined by the examiner or from any person connected with it, shall— ‘‘(1) be fined under this title, imprisoned not more than 1 year, or both; ‘‘(2) may be fined a further sum equal to the money so loaned or gratuity given; and ‘‘(3) shall be disqualified from holding office as an examiner. ‘‘(b) DEFINITIONS.—In this section, the terms ‘examiner’, ‘Federal financial institution regulatory agency’, ‘financial institution’, and ‘loan’ have the same meanings as in section 212.’’. (b) TECHNICAL AND CONFORMING AMENDMENT.—The table of sections of chapter 11 of title 18, United States Code, is amended

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