Page:United States Statutes at Large Volume 122.djvu/3818

 12 2 STA T .3795PUBLIC LA W 11 0– 3 4 3 —O CT. 3 , 200 8‘ ‘ (I I )anyperso n th ata id sora b ets a v io l ation o f this para g raph by a person des c ribed in s u b - clause (I) and ‘‘(ii) for purposes of enforcing the re q uire m ents of this paragraph , the authority of the C orporation under — ‘‘(I) section 10 (c) to conduct investigations; and ‘‘(II) subsections (b), (c), (d) and (i) of section 8 to conduct enforcement actions . ‘‘( F ) OTHERAC T IONSP RESER V E D .— N o provision of this paragraph shall be construed as barring any action other- w ise available, under the laws of the U nited S tates or any State, to any Federal or State agency or individual. ’ ’. (b) E N F ORCE M ENT ORDERS.—Section 8(c) of the Federal D eposit Insurance A ct (1 2 U.S.C. 1818(c)) is amended by adding at the end the following new paragraph

‘‘( 4 )FA L SE ADVERTISIN G OR MIS U SE OF NAMES TO INDICATE INSURED STATUS.— ‘‘(A) T EMPORAR Y ORDER.— ‘‘(i) IN GENERAL.—If a notice of charges served under subsection (b)(1) specifies on the basis of par- ticular facts that any person engaged or is engaging in conduct described in section 18(a)(4), the Corpora- tion or other appropriate Federal ban k ing agency may issue a temporary order requiring— ‘‘(I) the immediate cessation of any activity or practice described, which gave rise to the notice of charges; and ‘‘(II) affirmative action to prevent any further, or to remedy any e x isting, violation. ‘‘(ii) EFFECT OF ORDER.—Any temporary order issued under this subparagraph shall take effect upon service. ‘‘( B ) EFFECTIVE PERIOD OF TEMPORARY ORDER.—A tem- porary order issued under subparagraph (A) shall remain effective and enforceable, pending the completion of an administrative proceeding pursuant to subsection (b)(1) in connection with the notice of charges— ‘‘(i) until such time as the Corporation or other appropriate Federal banking agency dismisses the charges specified in such notice; or ‘‘(ii) if a cease-and-desist order is issued against such person, until the effective date of such order. ‘‘(C) CIVIL MONEY PENALTIES.—Any violation of section 18(a)(4) shall be sub j ect to civil money penalties, as set forth in subsection (i), except that for any person other than an insured depository institution or an institution- affiliated party that is found to have violated this para- graph, the Corporation or other appropriate Federal banking agency shall not be required to demonstrate any loss to an insured depository institution.’’. (c) UNENFORCEA B ILITY OF CERTAIN AGREEMENTS.—Section 1 3 (c) of the Federal Deposit Insurance Act (12 U.S.C. 1823(c)) is amended by adding at the end the following new paragraph: ‘‘(11) UNENFORCEABILITY OF CERTAIN AGREEMENTS.—No provision contained in any existing or future standstill, con- fidentiality, or other agreement that, directly or indirectly—

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