Weekly Press Release. Lists actions taken by the Board of Directors with respect to applications by insured State nonmember banks.

(3) Information made available to the public. Except to the extent that the matters set forth in subdivisions (1) through (iii) below relate to or contain information which is exempted from the public disclosure provisions of section 3 of the Administrative Procedure Act, as amended (5 U.S.C. 552), or other law, the Corporation makes available for public inspection and copying, upon request to the Executive Secretary of the Corporation in its office in Washington, D.C., during normal business hours, (i) all final opinions (including concurring and dissenting opinions) and all orders made in the adjudication of cases, (ii) those statements of policy and interpretations which have been adopted by the Corporation and are not published in the FEDERAL REGISTER, and (iii) Manual of Examination Policies and Instructions to Liquidators. In addition to the above, the Corporation also makes available, during normal business hours, the following reports filed by insured State nonmember banks on or after January 1, 1973, which reports would otherwise be exempt from disclosure under the provisions of subsection (e) (8) of section 3 of the Administrative Procedures Act (5 U.S.C. 552(b) (8)): Consolidated Reports of Income for mutual savings banks; 1 Consolidated Reports of Income for commercial banks; ' Reports of Condition for mutual savings banks; and Reports of Condition of commercial banks. To the extent required to prevent a clearly unwarranted invasion of personal privacy, the Corporation may delete identifying details when it makes available or publishes an opinion, statement of policy, interpretation, or staff manual or instruction. In each case the justification for the deletion will be fully explained in writing. The Corporation also maintains and makes available for public inspection and copying a current index providing information for the public as to any matter which is issued,

1

3

1 Consolidated Report of Income-Calendar Year (Including Domestic Subsidiaries), Form 73 (Savings).

2 Consolidated Report of Income-Calendar Year (Including Domestic Subsidiaries),

Form 73.

3 Report of Condition, Form 64 (Savings). • Consolidated Report of Condition of Bank and Domestic Subsidiaries, Form 64.

adopted, or promulgated after July 4, 1967, and which is required by the Administrative Procedure Act to be made available or published. The Corporation makes available at its Washington office, at the New York, Chicago, and San Francisco Federal Reserve Banks, and at the Reserve bank of the district in which the bank filing a report is located, for public inspection and copying reports from insured State nonmember banks required under the provisions of section 12 of the Securities Exchange Act of 1934, as amended (15 U.S.C. 78). All requests for copies of records enumerated in subdivisions (i), (ii), and (iii) of this subparagraph must be accompanied by a deposit with the Corporation of the estimated costs of copying such records at the rate of 10 cents per page. Such requests must provide a reasonably specific description of the record sought which will enable the Corporation to locate the record or records without undue difficulty.

Except to the extent that the records relate to or contain information which is exempted from the public disclosure provisions of section 3 of the Administrative Procedure Act, as amended (5 U.S.C. 552) or other law, the Corporation upon request for identifiable records of the Corporation to the Executive Secretary of the Corporation in its office in Washington, D.C., during normal business hours, will make such records available to any person who agrees to pay the costs of searching, preparing, and copying such records at the rate of $5 per hour for searching and preparing and 10 cents per page for copying and has paid in advance to the Corporation the estimated costs thereof. Such requests must provide a reasonably specific description of the record sought which will enable the Corporation to locate the record without undue difficulty. Any denial by an officer or employee of the Corpoartion of a request for any information or record made under this part by any member of the public may be appealed by a written request to the Board of Directors of the Corporation from the person whose request is denied.

(b) Unpublished information; confidential and privileged information. All files, documents, reports, books, accounts, and records (collectively referred to as "records" in this section) pertaining to any bank, or the internal operations and affairs of the Corporation, in the posses

sion or control of the Corporation or any officer, employee, or agent thereof, which are: (1) Exempt from disclosure by statute or executive order; (2) contained in or related to examination, operating, or condition reports (other than those operating or condition reports enumerated in paragraph (a) (3)) of this section prepared by or on behalf of, or for the use of the Corporation or any agency responsible for the supervision of financial institutions; (3) related solely to the internal personnel rules and practices of the Corporation; (4) privileged or relate to the business, personal, or financial affairs of any person and are furnished in confidence; (5) proceedings for cease and desist and suspension or removal orders or for the termination of the insured status of any bank; (6) interagency or intraagency memorandums or letters which would not be available by law to a private party in litigation with the Corporation; (7) investigatory records compiled for enforcement of the Federal Deposit Insurance Act and other statutes, except to the extent available by law to a private party; (8) personnel files and similar files (including financial files) the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; and (9) records of deliberations and discussions at meetings of the Board of Directors and any committee established by the Board of Directors and exhibits filed therewith, and all facts or information relating to such exempt matters acquired by the officers, employees or agents of the Corporation in the performance of their official duties (collectively referred to as "information" in this section) are confidential and privileged and the disclosure thereof is prohibited except in the manner and to the extent provided for in this section.

(c) Disclosure prohibited. (1) Officers, employees, and agents of the Corporation are prohibited from allowing any person to inspect, examine, or copy any of said confidential or privileged records, or furnishing copies thereof, or disclosing any confidential and privileged information except as herein provided:

(i) The Chief of any Division having custody thereof, in his discretion, may release or furnish any records or information, other than the records enumerated in paragraph (b) of this section, and information acquired in reference thereto, to any governmental agency, State or Federal, in the exercise of its

39-057-75— -4

official duties and to any other person: Provided, however, That when such records or information are requested by any person other than a governmental agency, the Division chief shall find that the release or disclosure is not exempted from public disclosure by law or detrimental or prejudicial to the bank or banks or person or persons from whom the records or information were obtained or received

(ii) The Chief of the Division of Examination may furnish to any bank copies of any reports of examination or investigation of such bank (except the section of the report designated "confidential") and other information pertaining to its affairs: Provided, That copies of such reports of examination and other information so furnished to any bank shall remain the property of the Corporation and under no circumstances shall the bank or any of its directors, officials, or employees disclose or otherwise make public in any manner such reports or any portion thereof or other information so furnished.

(iii) The Chief of the Division of Examination may furnish to the Comptroller of the Currency, to any Federal Reserve bank, and to any commission, board, or authority having supervision of a State nonmember bank, copies of reports of examination made on behalf of the Corporation and other information pertaining to insured nonmember banks for use in the exercise of their official duties: Provided, That such reports of examination and other information so furnished to such officials or agency shall remain the property of the Corporation and under no circumstances shall any such official or agency disclose or make public in any manner such reports or any portion thereof or other information so furnished.

(iv) The Chief of the Division of Examination may furnish to any official of the Department of Justice or to any State prosecuting authority any information regarding defalcations, burglaries, or robberies affecting insured banks. (v) [Reserved]

(vi) The General Counsel of the Corporation may disclose to the proper Federal or State prosecuting authorities any and all records and information relating to irregularities discovered in open and closed insured banks believed to constitute violations of any Federal or State statute.

(vii) (a) The General Counsel may authorize the production of any record, the disclosure of any information, and the giving of any testimony with respect thereto, by any officer, employee, or agent of the Corporation, upon any proceeding, hearing, or trial, civil or criminal, in any Federal or State court or before any administrative board, commission, or committee, on behalf of or at the request of the Corporation or the United States where either is a party to or has an interest in the proceeding, hearing or trial, or any State prosecuting official, or the bank or person from whom such confidential and privileged records and information were received or obtained.

(b) The authorization hereunder may be given only in response to a subpoena or other legal process duly issued and served upon the Corporation at its principal office, which service may be by registered mail addressed to the Corporation at Washington, D.C., specifying the record requested, the nature and scope of the testimony to be elicited, the name of the witness and the place and time of appearance: Provided, That the General Counsel, in his discretion, may waive the requirement of service of subpoena or process when he believes it to be in the interest of justice to do so. Without such prior authorization, any officer, employee or agent of the Corporation required to respond to a subpoena or other legal process shall attend at the time and place therein mentioned and respectfully decline to produce any record or disclose any information or give any testimony with respect thereto, basing his refusal upon this rule.

(d) Service of process on officer, employee, or agent. Any officer, employee, or agent of the Corporation served with a subpoena, order, or other process re

quiring his personal attendance as a witness or the production of records or information upon any proceeding mentioned in paragraph (c) (1) (vii) of this section shall promptly advise (1) the court or tribunal which issued the process, and the attorney for the party at | whose instance the procees was issued, if known, of the substance of this rule, and (2) the General Counsel of the Corporation at Washington, D.C., of such I service and of the records and information requested and of any facts which I may be of assistance to the General Counsel in determining whether such records and information should be made available.

(e) Authority of Chairman of Board of Directors. Notwithstanding any of the foregoing provisions, the Chairman of the Board of Directors, in his discretion and pursuant to law, may authorize the production, examination, or inspection of any records, or the furnishing of copies thereof, or the disclosure of any information, or the Chairman, in his discretion, may direct the General Counsel or the Chief of any Division to refuse to permit the production, examination, or inspection of any records, or the furnishing of copies thereof, or the disclosure of any information, if he shall find such action to be in the best interests of the Corporation and consistent with the public interest and applicable law.

(f) Publication of data. The Board of Directors or the Chairman may from time to time authorize and direct the publication and public distribution of information and data compiled from the records of the Corporation.

(12 U.S.C. 1819. Interpret or apply 12 U.S.C. 1820) 32 FR. 9638, July 4, 1967, as amended at 37 FR 28607, Dec. 28, 1972: 38 FR 14264, May 31, 1973; 39 FR 8913, Mar. 7, 1974]

PART 325-INTRODUCTORY

§ 325.0 Scope.

The regulations and statements of general policy contained in this subchapter are promulgated pursuant to the provisions of the Federal Deposit Insurance Act and are published pursuant to subchapter II of chapter 5 of title 5, United States Code, and other applicable laws,

and, in accordance with the provisions of section 552(a) (1) (D) of title 5, United States Code, contain rules adopted as authorized by law and statements of general policy or interpretations formulated and adopted by the Corporation for the guidance of the public.

(Sec. 9, 64 Stat. 881; 12 U.S.C. 1819) [15 F.R. 8638, Dec. 6, 1950, as amended at 32 FR. 10561, July 19, 1967]

Corrective action.

326.7 Penalty provision. Appendix A-Minimum Standards for Security Devices.

Appendix B-Proper Employee Conduct During and After a Robbery.

AUTHORITY: The provisions of this Part 326 issued under sec. 3, 82 Stat. 295. Interpret or apply secs. 1-5, 82 Stat. 294, 295; 12 U.S.C. 1881nt-1884.

SOURCE: The provisions of this Part 326 appear at 34 F.R. 618, Jan. 16, 1969, unless otherwise noted.

§ 326.0 Scope of part.

Pursuant to the authority conferred upon the Federal Deposit Insurance Corporation by section 3 of the Bank Protection Act of 1968 (82 Stat. 295), the regulations contained in this part

(a) Establish minimum standards with which each insured State nonmember bank must comply with respect to the installation, maintenance, and operation of security devices and procedures to discourage robberies, burglaries, and larcenies and to assist in the identification and apprehension of persons who commit such acts;

(b) Establish time limits within which each such bank shall comply with such standards; and

(c) Require the submission of reports with respect to the installation, maintenance, and operation of security devices and procedures.

For the purposes of this part

(a) The term "insured State nonmember bank" means any bank (including any mutual savings bank), incorporated under the laws of any State of the United States, any territory of the United States, Puerto Rico, Guam, American Samoa, or the Virgin Islands, that is not a member of the Federal Reserve System but the deposits of which are insured in accordance with the provisions of the Federal Deposit Insurance Act, as amended (12 U.S.C. 1811-1832), but

the term does not include any bank 10cated in the District of Columbia.

(b) The term "banking hours" means the time during which a banking office is open for the normal transaction of business with the banking public.

(c) The term "banking office" includes the main office or any insured State nonmember bank and any branch thereof.

(d) The term "branch" includes any branch bank, branch office, branch agency, additional office, or any branch place of business located in any State of the United States or in any territory of the United States, Puerto Rico, Guam, American Samoa, or the Virgin Islands at which deposits are received or checks paid or money lent.

(e) The term "Board of Directors" means the Board of Directors of the Federal Deposit Insurance Corporation.

(f) The term "teller's station or window" means a location in a banking office at which bank customers routinely conduct transactions with the bank which involve the exchange of funds, including a walkup or drive-in teller's station or window.

[34 FR 618, Jan. 16, 1969, as amended at 36 FR 3112, Feb. 18, 1971]

§ 326.2 Designation of security officer.

On or before February 15, 1969, or within 30 days after the bank becomes a member of the Federal Deposit Insurance Corporation, the board of directors of each insured State nonmember bank shall designate an officer or other employee of the bank who shall be charged, subject to supervision by the bank's board of directors, with responsibility for the installation, maintenance, and operation of security devices and for the development and administration of a security program which equal or exceed the standards prescribed by this part.

§ 326.3 Security devices.

(a) Installation, maintenance, and operation of appropriate security devices. Before January 1, 1970, or within 30 days after the bank becomes a member of the Federal Deposit Insurance Corporation, the security officer of each insured State nonmember bank, under such directions as shall be given him by the bank's board of directors, shall survey the need for security devices in each of the bank's banking offices and shall provide for the installation, maintenance, and operation, in each such office, of

(1) A lighting system for illuminating, during the hours of darkness, the area

around the vault, if the vault is visible from outside the banking office;

(2) Tamper-resistant locks on exterior doors and exterior windows designed to be opened;

(3) An alarm system or other appropriate device for promptly notifying the nearest responsible law enforcement officers of an attempted or perpetrated robbery or burglary; and

(4) Such other devices as the security officer, after seeking the advice of law enforcement officers, shall determine to be appropriate for discouraging robberies, burglaries, and larcenies and for assisting in the identification and apprehension of persons who commit such acts.

(b) Considerations relevant to determining appropriateness. For the purposes of subparagraph (4) of paragraph (a) of this section, considerations relevant to determining appropriateness include, but are not limited to

(1) The incidence of crimes against the particular banking office and/or against financial institutions in the area in which the banking office is or will be located;

(2) The amount of currency or other valuables exposed to robbery, burglary, or larceny;

(3) The distance of the banking office from the nearest responsible law enforcement officers and the time required for such law enforcement officers ordinarily to arrive at the banking office;

(4) The cost of the security devices; (5) Other security measures in effect at the banking office; and

(6) The physical characteristics of the banking office structure and its surroundings.

(c) Implementation. It is appropriate for banking offices in areas with a high incidence of crime to install many devices which would not be practicable because of costs for small banking offices in areas substantially free of crimes against financial institutions. Each insured State nonmember bank shall consider the appropriateness of installing, maintaining, and operating security devices which are expected to give a general level of bank protection at least equivalent to the standards described in Appendix A of this part. In any case in which (on the basis of the factors listed in paragraph (b) of this section or similar ones, the use of other measures, or the decision that technological change allows the use of other measures judged to give equiv

alent protection) it is decided not to install, maintain, and operate devices at least equivalent to these standards, the bank shall preserve in its records a statement of the reasons for such decision. § 326.4 Security procedures.

(a) Development and administration. On or before July 15, 1969, or within 30 days after the bank becomes a member of the Federal Deposit Insurance Corporation, each insured State nonmember bank shall develop and provide for the administration of a security program to protect each of its banking offices from robberies, burglaries, and larcenies and to assist in the identification and apprehension of persons who commit such acts. The security program shall be reduced to writing, approved by the bank's board of directors, and retained by the bank in such form as will readily permit determination of its adequacy and effectiveness.

(b) Contents of security programs. Such security programs shall—

(1) Provide for establishing a schedule for the inspection, testing, and servicing of all security devices installed in each banking office; provide for designating the officer or other employee who shall be responsible for seeing that such devices are inspected, tested, serviced, and kept in good working order; and require such officer or other employee to keep a record of such inspections, testings, and servicings;

(2) Require that each banking office's currency be kept at a reasonable minimum and provide procedures for safely removing excess currency;

(3) Require that the currency at each teller's station or window be kept at a reasonable minimum and provide procedures for safely removing excess currency and other valuables to a locked safe, vault, or other protected place;

(4) Require that the currency at each teller's station or window include "bait" money, i.e., used Federal Reserve notes the denominations, banks of issue, serial numbers, and series years of which are recorded, verified by a second omcer or employee, and kept in a safe place;

(5) Require that all currency, negotiable securities, and similar valuables be kept in a locked vault or safe during nonbusiness hours, that the vault or safe be opened at the latest time practicable before banking hours, and that the vault or safe be locked at the earliest time practicable after banking hours;