113 STAT. 1382 PUBLIC LAW 106-102—NOV. 12, 1999 Subtitle D—Preservation of FTC Authority SEC. 131. AMENDMENT TO THE BANK HOLDING COMPANY ACT OF 1956 TO MODIFY NOTIFICATION AND POST-APPROVAL WAITING PERIOD FOR SECTION 3 TRANSACTIONS. Section 11(b)(1) of the Bank Holding Company Act of 1956 (12 U.S.C. 1849(b)(1)) is amended by inserting "and, if the transaction also involves an acquisition under section 4, the Board shall also notify the Federal Trade Commission of such approval" before the period at the end of the first sentence. 12 USC 1828b. SEC. 132. INTERAGENCY DATA SHARING. (a) IN GENERAL.—To the extent not prohibited by other law, the Comptroller of the Currency, the Director of the Office of Thrift Supervision, the Federal Deposit Insurance Corporation, and the Board of Governors of the Federal Reserve System shall make available to the Attorney General and the Federal Trade Commission any data in the possession of any such banking agency that the antitrust agency deems necessary for antitrust review of any transaction requiring notice to any such antitrust agency or the approval of such agency under section 3 or 4 of the Bank Holding Company Act of 1956, section 18(c) of the Federal Deposit Insurance Act, the National Bank Consolidation and Merger Act, section 10 of the Home Owners' Loan Act, or the antitrust laws. (b) CONFIDENTIALITY REQUIREMENTS.— (1) IN GENERAL. —Any information or material obtained by any agency pursuant to subsection (a) shall be treated as confidential. (2) PROCEDURES FOR DISCLOSURE. — If any information or material obtained by any agency pursuant to subsection (a) is proposed to be disclosed to a third party, written notice of such disclosure shall first be provided to the agency from which such information or material was obtained and an opportunity shall be given to such agency to oppose or limit the proposed disclosure. (3) OTHER PRIVILEGES NOT WAIVED BY DISCLOSURE UNDER THIS SECTION. — The provision by any Federal agency of any information or material pursuant to subsection (a) to another agency shall not constitute a waiver, or otherwise affect, any privilege any agency or person may claim with respect to such information under Federal or State law. (4) EXCEPTION. —No provision of this section shall be construed as preventing or limiting access to any information by any duly authorized committee of the Congress or the Comptroller General of the United States. Applicability. (c) BANKING AGENCY INFORMATION SHARING.— The provisions of subsection (b) shall apply to— (1) any information or material obtained by any Federal banking agency (as defined in section 3(z) of the Federal Deposit Insurance Act) from any other Federal banking agency; and (2) any report of examination or other confidential supervisory information obtained by any State agency or authority, or any other person, from a Federal banking agency.
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