I
105TH CONGRESS
1ST SESSION
H. R. 3003
To amend the Federal Deposit Insurance Act and the Federal Credit Union
Act to safeguard confidential banking and credit union information,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 9, 1997
Mr. MCCOLLUM (for himself, Mr. LEACH, Mr. LAFALCE, Mrs. ROUKEMA, Mr.
BEREUTER, Mr. BAKER, Mr. BACHUS, Mr. KING, Mr. ROYCE, Mr. EHR-
LICH, Mr. BARR of Georgia, Mr. COOK, Mr. SESSIONS, Mr. HILL, and
Mr. BONO) introduced the following bill; which was referred to the Com-
mittee on Banking and Financial Services
A BILL
To amend the Federal Deposit Insurance Act and the Fed-
eral Credit Union Act to safeguard confidential banking
and credit union information, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Bank Examination Re-
port Protection Act of 1997’’.
SEC. 2. AMENDMENT TO THE FEDERAL DEPOSIT INSUR-
ANCE ACT.
The Federal Deposit Insurance Act (12 U.S.C. 1811
et seq.) is amended by adding at the end the following
new section:
‘‘SEC. 45. BANK SUPERVISORY PRIVILEGE.
‘‘(a) DEFINITIONS.—For purposes of this section, the
following definitions shall apply:
‘‘(1) DEPOSITORY INSTITUTION.—The term ‘de-
pository institution’ includes—
‘‘(A) any institution which is treated in the
same manner as an insured depository institu-
tion under paragraph (3), (4), (5), or (9) of
section 8(b); and
‘‘(B) any subsidiary or other affiliate of an
insured depository institution or an institution
described in subparagraph (A).
‘‘(2) SUPERVISORY
PROCESS.—The term ‘su-
pervisory process’ means any activity engaged in by
a Federal banking agency to carry out the official
responsibilities of the agency with regard to the reg-
ulation or supervision of depository institutions.
‘‘(3) CONFIDENTIAL
SUPERVISORY
INFORMA-
TION.—The term ‘confidential supervisory informa-
tion’ means any of the following information, or any
portion of any such information, which is treated as,
or considered to be, confidential information by a
Federal banking agency, regardless of the medium
in which the information is conveyed or stored:
‘‘(A) Any report of examination, inspec-
tion, visitation, or investigation, and informa-
tion prepared or collected by a Federal banking
agency in connection with the supervisory proc-
ess, including any computer file, work paper, or
similar document.
‘‘(B) Any correspondence of communica-
tion from a Federal banking agency to a deposi-
tory institution arising from or relating to an
examination, inspection, visitation, or investiga-
tion by a Federal banking agency.
‘‘(C) Any correspondence, communication,
or document, including any compliance and
other reports, created by a depository institu-
tion in response to any request, inquiry, or di-
rective from a Federal banking agency in con-
nection with any examination, inspection, visita-
tion, or investigation and provided to a Federal
banking agency, other than any book or record
in the possession of the depository institution
routinely prepared by the depository institution
and maintained in the ordinary course of busi-