claim relates to an institution described in section 6 shall
be made available to the public.
SEC. 4. APPLICABILITY.
The requirements of section 2 shall apply—
(1) to any insured depository institution that
has had its assets or liabilities, or any part thereof,
transferred to the FSLIC Resolution Fund or the
Resolution Trust Corporation;
(2) to any member of the Bank Insurance Fund
that has failed and received funds, if during either
the fiscal year in which the institution failed or the
fiscal year in which the institution received funds, as
defined in section 6, the Bank Insurance Fund—
(A) had outstanding loans, or had other-
wise received funds, from the Department of
the Treasury, the Federal Financing Bank, or
any Federal Reserve bank; or
(B) had a negative fund balance;
(3) to any member of the Savings Association
Insurance Fund that has failed and received funds,
if during either the fiscal year in which the institu-
tion failed or the fiscal year in which the institution
received funds, as defined in section 6, the Savings
Association Insurance Fund—
(A) had outstanding loans, or had other-
wise received funds, from the Department of
the Treasury, the Federal Financing Bank, or
any Federal Reserve bank; or
(B) had a negative fund balance; and
(4) to any insured credit union that has failed
and received funds, if during either the fiscal year
in which the credit union failed or the fiscal year in
which the credit union received funds, as defined in
section 6, the National Credit Union Share Insur-
ance Fund—
(A) had outstanding loans, or had other-
wise received funds, from the Department of
the Treasury, the Federal Financing Bank, or
any Federal Reserve Bank; or
(B) had a negative fund balance.
SEC. 5. REMOVAL OF CUSTOMER INFORMATION FROM EX-
AMINATION REPORTS.
In making available reports of examinations under
section 2, the appropriate Federal banking agency shall
excise the following information:
(1) NONINSTITUTION-AFFILIATED
PARTIES.—
The names and all other identifying information for
all persons who are not institution-affiliated parties
of an insured depository institution.
(2) INSTITUTION-AFFILIATED
PARTIES.—The
names and any information related to an institu-
tion-affiliated party that is not relevant to the rela-
tionship between the insured depository institution
and the institution-affiliated party.
(3) OPEN INSTITUTIONS.—The names and all
other identifying information pertaining to open in-
sured depository institutions.
(4) EXAMINERS.—Any reference to the examin-
ers and other banking agency employees involved in
the examination of the insured depository institu-
tion.
(5) WHISTLEBLOWERS.—All references to per-
sons or entities that have provided information in
confidence to a banking agency which may be uti-
lized to pursue a civil or criminal action.
SEC. 6. DEFINITIONS.
For purposes of this section—
(1) an insured depository institution has
‘‘failed’’ if the Federal Deposit Insurance Corpora-
tion, Resolution Trust Corporation, or National
Credit Union Administration Board—
(A) has been appointed as receiver or liq-
uidator for such institution; or
(B) has exercised the power to provide as-
sistance under section 13(c)(2) of the Federal
Deposit Insurance Act or the analogous powers
under section 21A of the Federal Home Loan
Bank Act.
(2) an insured depository institution has ‘‘re-
ceived funds’’ if the institution, its holding company,
or an acquiring institution receives cash or other val-
uable consideration from the National Credit Union
Administration Board, the Resolution Trust Cor-
poration, the Federal Deposit Insurance Corpora-
tion, or any Federal Reserve bank that lends for
more than 30 days while the insured depository in-
stitution is critically undercapitalized within the 1-
year period prior to the failure of the insured deposi-
tory institution whether in the form of a loan, a pay-
ment to depositors or other creditors, the assump-
tion of liabilities, or otherwise;
(3) the term ‘‘insured depository institution’’
has the same meaning as in section 3 of the Federal
Deposit Insurance Act, except that such term in-
cludes an insured credit union, as defined in section
101 of the Federal Credit Union Act; and
(4) the term ‘‘appropriate banking agency’’
means the Federal Deposit Insurance Corporation,
the Board of Governors of the Federal Reserve Sys-
tem, the Comptroller of the Currency, the Office of
Thrift Supervision, or the National Credit Union
Administration Board, and, in the case of a State-
chartered depository institution, the appropriate
State depository institution regulatory agency.
SEC. 7. ADDITIONAL DISCLOSURES BY FDIC, NCUA, AND
RTC.
(a) BORROWERS.—Not later than 6 months after
being appointed receiver or liquidator for any failed insti-
tution that received funds, as defined in section 6, the
Federal Deposit Insurance Corporation, National Credit
Union Administration, or the Resolution Trust Corpora-
tion, as appropriate, shall make available to the public the
name and loan balance of any borrower who—
(1) was an executive officer, director, or prin-
cipal shareholder of the institution, or a related in-
terest of any such person, as such terms are defined
in section 22(h) of the Federal Reserve Act; and
(2) at the time that the receiver was appointed,
was more than 90 days delinquent on a loan.
(b) TRANSACTIONS.—Not later than 12 months after
being appointed receiver or liquidator for any failed insti-
tution that received funds, as defined in section 6, the
Federal Deposit Insurance Corporation, the National
Credit Union Administration Board, or the Resolution
Trust Corporation shall make available, and update peri-
odically thereafter, a list of pending and settled lawsuits
brought by such agency involving transactions (other than
those listed in subsection (a)) that caused a material loss
to such institution or to the deposit insurance fund.
SEC. 8. GAO AUDITS.
The Comptroller General shall selectively audit exam-
ination reports made available to the public by the appro-
priate Federal banking agencies under section 2, and dis-
closures made by the Federal Deposit Insurance Corpora-
tion, National Credit Union Administration, and Resolu-
tion Trust Corporation under section 7, to assess compli-
ance with the requirements of those sections. The Comp-
troller General shall determine the nature, scope, terms,
and conditions of audits conducted under this section.
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