Page:United States Statutes at Large Volume 120.djvu/2021

 120 STAT. 1990

PUBLIC LAW 109–351—OCT. 13, 2006

(2) CLERICAL AMENDMENT.—Section 206(i) of the Federal Credit Union Act (12 U.S.C. 1786(i)) is amended by striking ‘‘(i)’’ at the beginning and inserting the following: ‘‘(i) SUSPENSION, REMOVAL, AND PROHIBITION FROM PARTICIPATION ORDERS IN THE CASE OF CERTAIN CRIMINAL OFFENSES.—’’. SEC. 709. PROTECTION OF CONFIDENTIAL INFORMATION RECEIVED BY FEDERAL BANKING REGULATORS FROM FOREIGN BANKING SUPERVISORS.

Section 15 of the International Banking Act of 1978 (12 U.S.C. 3109) is amended by adding at the end the following: ‘‘(c) CONFIDENTIAL INFORMATION RECEIVED FROM FOREIGN SUPERVISORS.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (3), a Federal banking agency may not be compelled to disclose information received from a foreign regulatory or supervisory authority if— ‘‘(A) the Federal banking agency determines that the foreign regulatory or supervisory authority has, in good faith, determined and represented in writing to such Federal banking agency that public disclosure of the information would violate the laws applicable to that foreign regulatory or supervisory authority; and ‘‘(B) the relevant Federal banking agency obtained such information pursuant to— ‘‘(i) such procedures as the Federal banking agency may establish for use in connection with the administration and enforcement of Federal banking laws; or ‘‘(ii) a memorandum of understanding or other similar arrangement between the Federal banking agency and the foreign regulatory or supervisory authority. ‘‘(2) TREATMENT UNDER TITLE 5, UNITED STATES CODE.— For purposes of section 552 of title 5, United States Code, this subsection shall be treated as a statute described in subsection (b)(3)(B) of such section. ‘‘(3) SAVINGS PROVISION.—No provision of this section shall be construed as— ‘‘(A) authorizing any Federal banking agency to withhold any information from any duly authorized committee of the House of Representatives or the Senate; or ‘‘(B) preventing any Federal banking agency from complying with an order of a court of the United States in an action commenced by the United States or such agency. ‘‘(4) FEDERAL BANKING AGENCY DEFINED.—For purposes of this subsection, the term ‘Federal banking agency’ means the Board, the Comptroller of the Currency, the Federal Deposit Insurance Corporation, and the Director of the Office of Thrift Supervision.’’. SEC. 710. PROHIBITION ON PARTICIPATION BY CONVICTED INDIVIDUALS.

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(a) EXTENSION OF AUTOMATIC PROHIBITION.—Section 19 of the Federal Deposit Insurance Act (12 U.S.C. 1829) is amended by adding at the end the following new subsections: ‘‘(d) BANK HOLDING COMPANIES.— ‘‘(1) IN GENERAL.—Subsections (a) and (b) shall apply to any company (other than a foreign bank) that is a bank holding

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