(a) In general. Except as provided in subsection (b), whoever, being
an officer, director, or employee of a financial institution, makes
or grants any loan or gratuity, to any examiner or assistant examiner
who examines or has authority to examine such bank, branch, agency,
organization, corporation, association, or institution—
(1) shall be fined under this title, imprisoned
not more than 1 year, or both; and
(2) may be fined a further sum equal to
the money so loaned or gratuity given.
(b) Regulations. A Federal financial
institution regulatory agency may prescribe regulations establishing
additional limitations on the application for and receipt of credit
under this section and on the application and receipt of residential
mortgage loans under this section, after consulting with each other
Federal financial institution regulatory agency.
1-451.1
(c) Definitions. In this section:
(1) The term “examiner” means any person—
(A) appointed by a Federal financial institution regulatory agency
or pursuant to the laws of any State to examine a financial institution;
or
(B) elected under
the law of any State to conduct examinations of any financial institutions.
(2) The
term “Federal financial institution regulatory agency” means—
(A) the
Office of the Comptroller of the Currency;
(B) the Board of Governors of the Federal
Reserve System;
(C)
the Office of Thrift Supervision;
(D) the Federal Deposit Insurance Corporation;
(E) the Federal Housing
Finance Agency;
(F) the Farm Credit Administration;
(G) the Farm Credit System Insurance
Corporation; and
(H) the Small Business Administration.
(3) The term “financial institution” does
not include a credit union, a Federal Reserve Bank, a Federal home
loan bank, or a depository institution holding company.
(4) The term “loan” does not
include any credit card account established under an open end consumer
credit plan or a loan secured by residential real property that is
the principal residence of the examiner, if—
(A) the applicant satisfies
any financial requirements for the credit card account or residential
real property loan that are generally applicable to all applicants
for the same type of credit card account or residential real property
loan;
(B) the terms
and conditions applicable with respect to such account or residential
real property loan, and any credit extended to the examiner under
such account or residential real property loan, are no more favorable
generally to the examiner than the terms and conditions that are generally
applicable to credit card accounts or residential real property loans
offered by the same financial institution to other borrowers cardholders
in comparable circumstances under open end consumer credit plans or for
residential real property loans; and
(C) with respect to residential real
property loans, the loan is with respect to the primary residence
of the applicant.
[18 USC 212 (formerly
section 217). As amended by acts of Aug. 21, 1958 (72 Stat. 698);
Aug. 18, 1959 (73 Stat. 387); Oct. 23, 1962 (76 Stat. 1125), which
redesignated the number of this section; Aug. 9, 1989 (103 Stat. 501);
Nov. 29, 1990 (104 Stat. 4908); Sept. 13, 1994 (108 Stat. 2141, 2142);
Dec. 19, 2003 (117 Stat. 2899); and July 30, 2008 (122 Stat. 2792).]
