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.....................................................................
(Original Signature of Member)
106TH CONGRESS
1ST SESSION
H. R. 
IN THE HOUSE OF REPRESENTATIVES
Mr. MCCOLLUM introduced the following bill; which was referred to the
Committee on 
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 1999’’.
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SEC. 501. 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.—Subject to paragraph (4), the term ‘con-
fidential supervisory information’ means any of the
following information, or any portion of any such in-
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formation, which is treated as, or considered to be,
confidential information by a Federal banking agen-
cy, regardless of the medium in which the informa-
tion 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 as part of an examination, in-
spection, visitation, or investigation by a Fed-
eral 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.
‘‘(D) Any record of a Federal banking
agency to the extent it contains information de-
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rived from any report, correspondence, commu-
nication or other information described in sub-
paragraph (A), (B), or (C).
‘‘(4) 
ORDINARY
BUSINESS
RECORDS
EX-
CLUDED.—The term ‘confidential supervisory infor-
mation’ shall not include any book or record in the
possession of the depository institution routinely pre-
pared by the depository institution and maintained
in the ordinary course of business or any informa-
tion required to be made publicly available by any
Federal law or regulation.
‘‘(b) BANK SUPERVISORY PRIVILEGE.—
‘‘(1) PRIVILEGE ESTABLISHED.—
‘‘(A) IN GENERAL.—All confidential super-
visory information shall be the property of the
Federal banking agency that created or re-
quested the information and shall be privileged
from disclosure to any other person.
‘‘(B) PROHIBITION
ON
UNAUTHORIZED
DISCLOSURES.—No person in possession of con-
fidential supervisory information may disclose
such information, in whole or in part, without
the prior authorization of the Federal banking
agency that created or requested the informa-
tion, except for a disclosure made in published
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statistical material that does not disclose, either
directly or when used in conjunction with pub-
licly available information, the affairs of any
person.
‘‘(C) 
AGENCY
WAIVER.—The 
Federal
banking agency may waive, in whole or in part,
in the discretion of the agency, any privilege es-
tablished under this paragraph.
‘‘(2) EXCEPTION.—No provision of paragraph
(1) shall be construed as preventing access to con-
fidential supervisory information by duly authorized
committees of the United States Congress or the
Comptroller General of the United States.
‘‘(c) TREATMENT OF STATE AND FOREIGN SUPER-
VISORY INFORMATION.—In any proceeding before a court
of the United States, in which a person seeks to compel
production or disclosure by a State bank supervisor, for-
eign bank regulatory or supervisory authority, Federal
banking agency, or other person, of information or a docu-
ment prepared or collected by a State bank supervisor or
foreign bank regulatory or supervisory authority that
would, had they been prepared or collected by a Federal
banking agency, be confidential supervisory information
for purposes of this section, the information or document
shall be privileged to the same extent that the information
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and documents of Federal banking agencies are privileged
under this Act.
‘‘(d) OTHER PRIVILEGES NOT WAIVED BY DISCLO-
SURE TO BANKING AGENCY.—The submission by a depos-
itory institution of any information to a Federal banking
agency, a State bank supervisor, or a foreign banking au-
thority for any purpose in the course of the supervisory
process of such agency or supervisor shall not be construed
as waiving, destroying, or otherwise affecting any privilege
such institution may claim with respect to such informa-
tion under Federal or State law.
‘‘(e) DISCOVERY
AND DISCLOSURE
OF INFORMA-
TION.—
‘‘(1) INFORMATION
AVAILABLE
ONLY
FROM
BANKING AGENCY.—
‘‘(A) IN GENERAL.—A person seeking dis-
covery or disclosure, in whole or in part, of con-
fidential supervisory information may not seek
to obtain such information through subpoena,
discovery procedures, or other process from any
person, except that such information may be
sought in accordance with this section from the
Federal banking agency that created or re-
quested the information.