Financial Supervision Information

Designation evidence

• NARA authority row: 12 USC 1817(a)(2)(C) | status: Basic | banner: CUI.
• DoD authority row: 12 USC 1817(a)(2)(C). DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
• Related authority evidence: 12 USC 1817(a)(2)(C) | status: Basic | banner: CUI
• Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
• Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
• Registry designation for this category is Basic with banner CUI.

Extracted authority meaning

• Page 957 TITLE 12—BANKS AND BANKING § 1817
• Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.

Operating conditions

• NARA category scope used with this authority: Related to information connected to an agency's responsibilities to supervise, examine, and evaluate a financial institution.
• DoD category scope used with this authority: Related to information connected to an agency's responsibilities to supervise, examine, and evaluate a financial institution.
• 12 USC 1817(a)(2)(C) | status: Basic | banner: CUI
• DoD lists this authority for the category; the linked authority text is extracted below when available.
• NARA registry status: Basic. Per-authority NARA status values: Basic. NARA banner marking evidence: CUI. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
• NARA category scope: Related to information connected to an agency's responsibilities to supervise, examine, and evaluate a financial institution.
• Extracted authority condition: (D) Except as provided in subparagraph (C), assessment deposit information con- tained in records no longer required to be maintained pursuant to subsection (b)(4) shall be considered conclusive and not sub- ject to change.
• Extracted authority condition: The period for dis- approval under the preceding sentence may be extended not to exceed 2 additional times for not more than 45 days each time if— (A) the agency determines that any acquir- ing party has not furnished all the informa- tion required under paragraph (6); (B) in the agency’s judgment, any material information submitted is substantially inac- curate; (C) the agency has been unable to complete the investigation of an acquiring party under paragraph (2)(B) because of any delay caused by, or the inadequate cooperation of, such ac- quiring party; or (D) the agency determines that additional time is needed— (i) to investigate and determine that no acquiring party has a record of failing to comply with the requirements of subchapter II of chapter 53 of title 31; or (ii) to analyze the safety and soundness of any plans or proposals described in para- graph (6)(E) or the future prospects of the in- stitution.
• Extracted authority condition: (C) D ATA SHARING WITH OTHER AGENCIES AND PERSONS.—In addition to reports of examination, reports of condition, and other reports required to be regularly provided to the Corporation (with respect to all insured depository institu- tions, including a depository institution for which the Corporation has been appointed con- servator or receiver) or an appropriate State bank supervisor (with respect to a State deposi- tory institution) under subparagraph (A) or (B), a Federal banking agency may, in the discretion of the agency, furnish any report of examination or other confidential supervisory information concerning any depository institution or other entity examined by such agency under authority of any Federal law, to— (i) any other Federal or State agency or au- thority with supervisory or regulatory author- ity over the depository institution or other en- tity; (ii) any officer, director, or receiver of such depository institution or entity; and (iii) any other person that the Federal bank- ing agency determines to be appropriate.
• Extracted authority condition: In prescribing report- ing and other requirements for the collection of actual and accurate information pursuant to this paragraph, the Corporation shall minimize the regulatory burden imposed upon insured de- pository institutions that are well capitalized (as defined in section 1831o of this title) while taking into account the benefit of the informa- tion to the Corporation, including the use of the information to enable the Corporation to more accurately determine the total amount of in-

Safeguarding and dissemination controls

• NARA registry control evidence: status Basic; banner marking CUI.
• Nara basic or specified: Basic
• Nara authority rows: 12 USC 1817(a)(2)(C) | status: Basic | banner: CUI || 12 CFR 1070.41 | status: Basic | banner: CUI || 12 USC 1828(x) | status: Basic | banner: CUI || 12 CFR 4.36 | status: Basic | banner: CUI || 12 CFR 4.37 | status: Basic | banner: CUI || 12 CFR 4.38 | status: Basic | banner: CUI
• Nara banner markings: CUI
• No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
• Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
• Extracted authority control: (k) Federal banking agency rules and regula- tions for reports and public disclosure by banks of extension of credit to executive offi- cers or principal shareholders or the related interests of such persons The appropriate Federal banking agencies are authorized to issue rules and regulations, in- cluding definitions of terms, to require the re- porting and public disclosure of information by a bank or any executive officer or principal shareholder thereof concerning extensions of credit by the bank to any of its executive offi- cers or principal shareholders, or the related in- terests of such persons.
• Extracted authority control: Assessments (a) Reports of condition; access to reports (1) Each insured State nonmember bank and each foreign bank having an insured branch which is not a Federal branch shall make to the Corporation reports of condition which shall be in such form and shall contain such information as the Board of Directors may require.
• Extracted authority control: (C) D ATA SHARING WITH OTHER AGENCIES AND PERSONS.—In addition to reports of examination, reports of condition, and other reports required to be regularly provided to the Corporation (with respect to all insured depository institu- tions, including a depository institution for which the Corporation has been appointed con- servator or receiver) or an appropriate State bank supervisor (with respect to a State deposi- tory institution) under subparagraph (A) or (B), a Federal banking agency may, in the discretion of the agency, furnish any report of examination or other confidential supervisory information concerning any depository institution or other entity examined by such agency under authority of any Federal law, to— (i) any other Federal or State agency or au- thority with supervisory or regulatory author- ity over the depository institution or other en- tity; (ii) any officer, director, or receiver of such depository institution or entity; and (iii) any other person that the Federal bank- ing agency determines to be appropriate.
• Extracted authority control: Page 958 TITLE 12—BANKS AND BANKING § 1817 tory institutions, except that when any of said reporting dates is a nonbusiness day for any de- pository institution, the preceding business day shall be its reporting date.
• Extracted authority control: (iii) Rule of construction No provision of this paragraph shall be construed as providing any new authority for the Corporation to require submission of information by insured depository insti- tutions to the Corporation, except as pro- vided in subsection (a)(2)(B).
• Extracted authority control: The appropriate Federal banking agency shall have authority to assess such a civil penalty, after giving notice and an opportunity to the person to submit data, views, and arguments, and after giving due consideration to the appropriateness of the penalty with respect to the size of financial re- sources and good faith of the person charged, the grav- ity of the violation, and any data, views, and argu- ments submitted.

Designation evidence

• NARA authority row: 12 CFR 1070.41 | status: Basic | banner: CUI.
• Related authority evidence: 12 CFR 1070.41 | status: Basic | banner: CUI

Extracted authority meaning

None listed

Operating conditions

• NARA category scope used with this authority: Related to information connected to an agency's responsibilities to supervise, examine, and evaluate a financial institution.
• 12 CFR 1070.41 | status: Basic | banner: CUI
• NARA registry status: Basic. Per-authority NARA status values: Basic. NARA banner marking evidence: CUI. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
• NARA category scope: Related to information connected to an agency's responsibilities to supervise, examine, and evaluate a financial institution.

Safeguarding and dissemination controls

• NARA registry control evidence: status Basic; banner marking CUI.
• Nara basic or specified: Basic
• Nara authority rows: 12 USC 1817(a)(2)(C) | status: Basic | banner: CUI || 12 CFR 1070.41 | status: Basic | banner: CUI || 12 USC 1828(x) | status: Basic | banner: CUI || 12 CFR 4.36 | status: Basic | banner: CUI || 12 CFR 4.37 | status: Basic | banner: CUI || 12 CFR 4.38 | status: Basic | banner: CUI
• Nara banner markings: CUI
• No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
• Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.

Designation evidence

• NARA authority row: 12 USC 1828(x) | status: Basic | banner: CUI.
• DoD authority row: 12 USC 1828(x). DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
• Related authority evidence: 12 USC 1828(x) | status: Basic | banner: CUI
• Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
• Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
• Registry designation for this category is Basic with banner CUI.

Extracted authority meaning

• Page 1083 TITLE 12—BANKS AND BANKING § 1828
• Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.

Operating conditions

• NARA category scope used with this authority: Related to information connected to an agency's responsibilities to supervise, examine, and evaluate a financial institution.
• DoD category scope used with this authority: Related to information connected to an agency's responsibilities to supervise, examine, and evaluate a financial institution.
• 12 USC 1828(x) | status: Basic | banner: CUI
• DoD lists this authority for the category; the linked authority text is extracted below when available.
• NARA registry status: Basic. Per-authority NARA status values: Basic. NARA banner marking evidence: CUI. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
• NARA category scope: Related to information connected to an agency's responsibilities to supervise, examine, and evaluate a financial institution.
• Extracted authority condition: (4) ‘‘Golden parachute payment’’ defined For purposes of this subsection— (A) In general The term ‘‘golden parachute payment’’ means any payment (or any agreement to make any payment) in the nature of com- pensation by any insured depository institu- tion or covered company for the benefit of any institution-affiliated party pursuant to an obligation of such institution or covered company that— (i) is contingent on the termination of such party’s affiliation with the institu- tion or covered company; and (ii) is received on or after the date on which— (I) the insured depository institution or covered company, or any insured de- pository institution subsidiary of such covered company, is insolvent; (II) any conservator or receiver is ap- pointed for such institution; (III) the institution’s appropriate Fed- eral banking agency determines that the insured depository institution is in a troubled condition (as defined in the reg- ulations prescribed pursuant to section 1831i(f) of this title); (IV) the insured depository institution has been assigned a composite rating by the appropriate Federal banking agency or the Corporation of 4 or 5 under the Uniform Financial Institutions Rating System; or (V) the insured depository institution is subject to a proceeding initiated by the Corporation to terminate or suspend deposit insurance for such institution.
• Extracted authority condition: (9) Each of the responsible agencies shall in- clude in its annual report to the Congress a de- scription of each merger transaction approved by it during the period covered by the report, along with— (A) the name and total resources of each bank or savings association involved; (B) whether a report was submitted by the Attorney General under paragraph (4), and, if so, a summary by the Attorney General of the substance of such report; and (C) a statement by the responsible agency of the basis for its approval.
• Extracted authority condition: L. 97–320, title III, § 326(b)–(d), Oct. 15, 1982, 96 Stat. 1500, provided that: ‘‘(b)(1) Interest rate differentials for all categories of deposits or accounts between (i) any bank (other than a savings bank) the deposits of which are insured by the Federal Deposit Insurance Corporation, and (ii) any savings and loan, building and loan, or homestead asso- ciation (including cooperative banks) the deposits or accounts of which are insured by the Federal Savings and Loan Insurance Corporation or any mutual savings bank as defined in section 3(f) of the Federal Deposit Insurance Act (12 U.S.C. 1813(j)) [12 U.S.C. 1813(f)], shall be phased out on or before January 1, 1984. ‘‘(2) Any differential which is being phased out pursu- ant to a schedule established by regulations prescribed by the Depository Institutions Deregulation Commit- tee prior to the date of enactment of this Act [Oct. 15, 1982] shall be phased out as soon as practicable, but in no event later than such schedule provides. ‘‘(3) Notwithstanding any other provision of law, no differential for any category of deposits or accounts shall be established or maintained on or after January 1, 1984. ‘‘(c) No interest rate differential may be established or maintained in the case of the deposit account au-
• Extracted authority condition: (2) Rule of construction No provision of paragraph (1) may be con- strued as implying or establishing that— (A) any person waives any privilege appli- cable to information that is submitted or transferred under any circumstance to which paragraph (1) does not apply; or (B) any person would waive any privilege applicable to any information by submitting the information to the Bureau of Consumer Financial Protection, any Federal banking agency, State bank supervisor, or foreign banking authority, but for this subsection.
• Extracted authority condition: (C) In this paragraph— (i) the term ‘‘interstate merger transaction’’ means a merger transaction involving 2 or more insured depository institutions that have different home States and that are not affili- ates; and (ii) the term ‘‘home State’’ means— (I) with respect to a national bank, the State in which the main office of the bank is located; (II) with respect to a State bank or State savings association, the State by which the State bank or State savings association is chartered; and (III) with respect to a Federal savings as- sociation, the State in which the home office (as defined by the regulations of the Direc- tor of the Office of Thrift Supervision, or, on and after the transfer date, 1 the Comptroller of the Currency) of the Federal savings asso- ciation is located.
• Extracted authority condition: Page 1093 TITLE 12—BANKS AND BANKING § 1828 (A) means a cause of action based on Fed- eral or State law that— (i) provides for the avoidance of pref- erential or fraudulent transfers or convey- ances; or (ii) provides similar remedies for pref- erential or fraudulent transfers or convey- ances; and (B) does not include any claim based on ac- tual intent to hinder, delay, or defraud pur- suant to such a fraudulent transfer or con- veyance law.

Safeguarding and dissemination controls

• NARA registry control evidence: status Basic; banner marking CUI.
• Nara basic or specified: Basic
• Nara authority rows: 12 USC 1817(a)(2)(C) | status: Basic | banner: CUI || 12 CFR 1070.41 | status: Basic | banner: CUI || 12 USC 1828(x) | status: Basic | banner: CUI || 12 CFR 4.36 | status: Basic | banner: CUI || 12 CFR 4.37 | status: Basic | banner: CUI || 12 CFR 4.38 | status: Basic | banner: CUI
• Nara banner markings: CUI
• No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
• Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
• Extracted authority control: (x) Privileges not affected by disclosure to bank- ing agency or supervisor (1) In general The submission by any person of any infor- mation to the Bureau of Consumer Financial Protection, any Federal banking agency, State bank supervisor, or foreign banking au- thority for any purpose in the course of any supervisory or regulatory process of such Bu- reau, agency, supervisor, or authority shall not be construed as waiving, destroying, or otherwise affecting any privilege such person may claim with respect to such information under Federal or State law as to any person or entity other than such Bureau, agency, super- visor, or authority.
• Extracted authority control: (2) Rule of construction No provision of paragraph (1) may be con- strued as implying or establishing that— (A) any person waives any privilege appli- cable to information that is submitted or transferred under any circumstance to which paragraph (1) does not apply; or (B) any person would waive any privilege applicable to any information by submitting the information to the Bureau of Consumer Financial Protection, any Federal banking agency, State bank supervisor, or foreign banking authority, but for this subsection.
• Extracted authority control: (2) Availability to Commission; confidentiality Each appropriate Federal banking agency shall make any information required under paragraph (1) available to the Commission upon request.
• Extracted authority control: L. 112–215 inserted ‘‘the Bu- reau of Consumer Financial Protection,’’ before ‘‘any Federal banking agency’’ and substituted ‘‘such Bu- reau, agency’’ for ‘‘such agency’’ in two places.
• Extracted authority control: L. 112–215, § 1(2)(A), inserted ‘‘the Bureau of Consumer Financial Protection,’’ before ‘‘any Federal banking agency’’. 2010—Subsec.
• Extracted authority control: (4) and (5) read as follows: ‘‘(4)(A) Any nonmember insured bank which violates or any officer, director, employee, agent, or other per- son participating in the conduct of the affairs of such nonmember insured bank who violates any provision of section 371c, 371c–1, or 375b of this title, or any lawful regulation issued pursuant thereto, or any provision of section 377 of this title, shall forfeit and pay a civil penalty of not more than $1,000 per day for each day during which such violation continues: Provided, That the Corporation may, in its discretion, compromise, modify, or remit any civil money penalty which is sub- ject to imposition or has been imposed under authority of this subsection.
• Extracted authority control: As used in this section, the term ‘violates’ includes without any limitation any action (alone or with another or others) for or toward causing, bringing about, participating in, counseling, or aiding or abetting a violation. ‘‘(B) In determining the amount of the penalty the Corporation shall take into account the appropriate- ness of the penalty with respect to the size of financial resources and good faith of the member bank or person charged, the gravity of the violation, the history of previous violations, and such other matters as justice may require. ‘‘(C) The nonmember insured bank or person charged shall be afforded an opportunity for agency hearing, upon request made within ten days after issuance of the notice of assessment.

Designation evidence

• NARA authority row: 12 CFR 4.36 | status: Basic | banner: CUI.
• Related authority evidence: 12 CFR 4.36 | status: Basic | banner: CUI

Extracted authority meaning

None listed

Operating conditions

• NARA category scope used with this authority: Related to information connected to an agency's responsibilities to supervise, examine, and evaluate a financial institution.
• 12 CFR 4.36 | status: Basic | banner: CUI
• NARA registry status: Basic. Per-authority NARA status values: Basic. NARA banner marking evidence: CUI. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
• NARA category scope: Related to information connected to an agency's responsibilities to supervise, examine, and evaluate a financial institution.

Safeguarding and dissemination controls

• NARA registry control evidence: status Basic; banner marking CUI.
• Nara basic or specified: Basic
• Nara authority rows: 12 USC 1817(a)(2)(C) | status: Basic | banner: CUI || 12 CFR 1070.41 | status: Basic | banner: CUI || 12 USC 1828(x) | status: Basic | banner: CUI || 12 CFR 4.36 | status: Basic | banner: CUI || 12 CFR 4.37 | status: Basic | banner: CUI || 12 CFR 4.38 | status: Basic | banner: CUI
• Nara banner markings: CUI
• No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
• Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.

Designation evidence

• NARA authority row: 12 CFR 4.37 | status: Basic | banner: CUI.
• Related authority evidence: 12 CFR 4.37 | status: Basic | banner: CUI

Extracted authority meaning

None listed

Operating conditions

• NARA category scope used with this authority: Related to information connected to an agency's responsibilities to supervise, examine, and evaluate a financial institution.
• 12 CFR 4.37 | status: Basic | banner: CUI
• NARA registry status: Basic. Per-authority NARA status values: Basic. NARA banner marking evidence: CUI. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
• NARA category scope: Related to information connected to an agency's responsibilities to supervise, examine, and evaluate a financial institution.

Safeguarding and dissemination controls

• NARA registry control evidence: status Basic; banner marking CUI.
• Nara basic or specified: Basic
• Nara authority rows: 12 USC 1817(a)(2)(C) | status: Basic | banner: CUI || 12 CFR 1070.41 | status: Basic | banner: CUI || 12 USC 1828(x) | status: Basic | banner: CUI || 12 CFR 4.36 | status: Basic | banner: CUI || 12 CFR 4.37 | status: Basic | banner: CUI || 12 CFR 4.38 | status: Basic | banner: CUI
• Nara banner markings: CUI
• No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
• Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.

Designation evidence

• NARA authority row: 12 CFR 4.38 | status: Basic | banner: CUI.
• Related authority evidence: 12 CFR 4.38 | status: Basic | banner: CUI

Extracted authority meaning

None listed

Operating conditions

• NARA category scope used with this authority: Related to information connected to an agency's responsibilities to supervise, examine, and evaluate a financial institution.
• 12 CFR 4.38 | status: Basic | banner: CUI
• NARA registry status: Basic. Per-authority NARA status values: Basic. NARA banner marking evidence: CUI. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
• NARA category scope: Related to information connected to an agency's responsibilities to supervise, examine, and evaluate a financial institution.

Safeguarding and dissemination controls

• NARA registry control evidence: status Basic; banner marking CUI.
• Nara basic or specified: Basic
• Nara authority rows: 12 USC 1817(a)(2)(C) | status: Basic | banner: CUI || 12 CFR 1070.41 | status: Basic | banner: CUI || 12 USC 1828(x) | status: Basic | banner: CUI || 12 CFR 4.36 | status: Basic | banner: CUI || 12 CFR 4.37 | status: Basic | banner: CUI || 12 CFR 4.38 | status: Basic | banner: CUI
• Nara banner markings: CUI
• No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
• Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.