12 USC § 5391 - Inspector General reviews
(d)
FDIC Inspector General reviews
(1)
Scope
The Inspector General of the Corporation shall conduct, supervise, and coordinate audits and investigations of the liquidation of any covered financial company by the Corporation as receiver under this subchapter, including collecting and summarizing—
(B)
a description of any material sales, transfers, mergers, obligations, purchases, and other material transactions entered into by the Corporation;
(C)
an evaluation of the adequacy of the policies and procedures of the Corporation under section
5383
(d) of this title and orderly liquidation plan under section
5390
(n)(14)
[1]
of this title;
(2)
Frequency
Not later than 6 months after the date of appointment of the Corporation as receiver under this subchapter and every 6 months thereafter, the Inspector General of the Corporation shall conduct the audit and investigation described in paragraph (1).
(3)
Reports and testimony
The Inspector General of the Corporation shall include in the semiannual reports required by section 5(a) of the Inspector General Act of 1978 (5 U.S.C. App.), a summary of the findings and evaluations under paragraph (1), and shall appear before the appropriate committees of Congress, if requested, to present each such report.
(4)
Funding
(A)
Initial funding
The expenses of the Inspector General of the Corporation in carrying out this subsection shall be considered administrative expenses of the receivership.
(B)
Additional funding
If the maximum amount available to the Corporation as receiver under this subchapter is insufficient to enable the Inspector General of the Corporation to carry out the duties under this subsection, the Corporation shall pay such additional amounts from assessments imposed under section
5390 of this title.
(e)
Treasury Inspector General reviews
(1)
Scope
The Inspector General of the Department of the Treasury shall conduct, supervise, and coordinate audits and investigations of actions taken by the Secretary related to the liquidation of any covered financial company under this subchapter, including collecting and summarizing—
(B)
an analysis of the approval by the Secretary of the policies and procedures of the Corporation under section
5383 of this title and acceptance of the orderly liquidation plan of the Corporation under section
5390 of this title; and
(C)
an assessment of the terms and conditions underlying the purchase by the Secretary of obligations of the Corporation under section
5390 of this title.
(2)
Frequency
Not later than 6 months after the date of appointment of the Corporation as receiver under this subchapter and every 6 months thereafter, the Inspector General of the Department of the Treasury shall conduct the audit and investigation described in paragraph (1).
(3)
Reports and testimony
The Inspector General of the Department of the Treasury shall include in the semiannual reports required by section 5(a) of the Inspector General Act of 1978 (5 U.S.C. App.), a summary of the findings and assessments under paragraph (1), and shall appear before the appropriate committees of Congress, if requested, to present each such report.
(4)
Termination of responsibilities
The duties and responsibilities of the Inspector General of the Department of the Treasury under this subsection shall terminate 1 year after the date on which the obligations purchased by the Secretary from the Corporation under section
5390 of this title are fully redeemed.
(f)
Primary financial regulatory agency Inspector General reviews
(1)
Scope
Upon the appointment of the Corporation as receiver for a covered financial company supervised by a Federal primary financial regulatory agency or the Board of Governors under section
5365 of this title, the Inspector General of the agency or the Board of Governors shall make a written report reviewing the supervision by the agency or the Board of Governors of the covered financial company, which shall—
(A)
evaluate the effectiveness of the agency or the Board of Governors in carrying out its supervisory responsibilities with respect to the covered financial company;
(B)
identify any acts or omissions on the part of agency or Board of Governors officials that contributed to the covered financial company being in default or in danger of default;
(2)
Reports and testimony
Not later than 1 year after the date of appointment of the Corporation as receiver under this subchapter, the Inspector General of the Federal primary financial regulatory agency or the Board of Governors shall provide the report required by paragraph (1) to such agency or the Board of Governors, and along with such agency or the Board of Governors, as applicable, shall appear before the appropriate committees of Congress, if requested, to present the report required by paragraph (1). Not later than 90 days after the date of receipt of the report required by paragraph (1), such agency or the Board of Governors, as applicable, shall provide a written report to Congress describing any actions taken in response to the recommendations in the report, and if no such actions were taken, describing the reasons why no actions were taken.
[1] See References in Text note below.
(d)
FDIC Inspector General reviews
(1)
Scope
The Inspector General of the Corporation shall conduct, supervise, and coordinate audits and investigations of the liquidation of any covered financial company by the Corporation as receiver under this subchapter, including collecting and summarizing—
(B)
a description of any material sales, transfers, mergers, obligations, purchases, and other material transactions entered into by the Corporation;
(C)
an evaluation of the adequacy of the policies and procedures of the Corporation under section
5383
(d) of this title and orderly liquidation plan under section
5390
(n)(14)
[1]
of this title;
(2)
Frequency
Not later than 6 months after the date of appointment of the Corporation as receiver under this subchapter and every 6 months thereafter, the Inspector General of the Corporation shall conduct the audit and investigation described in paragraph (1).
(3)
Reports and testimony
The Inspector General of the Corporation shall include in the semiannual reports required by section 5(a) of the Inspector General Act of 1978 (5 U.S.C. App.), a summary of the findings and evaluations under paragraph (1), and shall appear before the appropriate committees of Congress, if requested, to present each such report.
(4)
Funding
(A)
Initial funding
The expenses of the Inspector General of the Corporation in carrying out this subsection shall be considered administrative expenses of the receivership.
(B)
Additional funding
If the maximum amount available to the Corporation as receiver under this subchapter is insufficient to enable the Inspector General of the Corporation to carry out the duties under this subsection, the Corporation shall pay such additional amounts from assessments imposed under section
5390 of this title.
(e)
Treasury Inspector General reviews
(1)
Scope
The Inspector General of the Department of the Treasury shall conduct, supervise, and coordinate audits and investigations of actions taken by the Secretary related to the liquidation of any covered financial company under this subchapter, including collecting and summarizing—
(B)
an analysis of the approval by the Secretary of the policies and procedures of the Corporation under section
5383 of this title and acceptance of the orderly liquidation plan of the Corporation under section
5390 of this title; and
(C)
an assessment of the terms and conditions underlying the purchase by the Secretary of obligations of the Corporation under section
5390 of this title.
(2)
Frequency
Not later than 6 months after the date of appointment of the Corporation as receiver under this subchapter and every 6 months thereafter, the Inspector General of the Department of the Treasury shall conduct the audit and investigation described in paragraph (1).
(3)
Reports and testimony
The Inspector General of the Department of the Treasury shall include in the semiannual reports required by section 5(a) of the Inspector General Act of 1978 (5 U.S.C. App.), a summary of the findings and assessments under paragraph (1), and shall appear before the appropriate committees of Congress, if requested, to present each such report.
(4)
Termination of responsibilities
The duties and responsibilities of the Inspector General of the Department of the Treasury under this subsection shall terminate 1 year after the date on which the obligations purchased by the Secretary from the Corporation under section
5390 of this title are fully redeemed.
(f)
Primary financial regulatory agency Inspector General reviews
(1)
Scope
Upon the appointment of the Corporation as receiver for a covered financial company supervised by a Federal primary financial regulatory agency or the Board of Governors under section
5365 of this title, the Inspector General of the agency or the Board of Governors shall make a written report reviewing the supervision by the agency or the Board of Governors of the covered financial company, which shall—
(A)
evaluate the effectiveness of the agency or the Board of Governors in carrying out its supervisory responsibilities with respect to the covered financial company;
(B)
identify any acts or omissions on the part of agency or Board of Governors officials that contributed to the covered financial company being in default or in danger of default;
(2)
Reports and testimony
Not later than 1 year after the date of appointment of the Corporation as receiver under this subchapter, the Inspector General of the Federal primary financial regulatory agency or the Board of Governors shall provide the report required by paragraph (1) to such agency or the Board of Governors, and along with such agency or the Board of Governors, as applicable, shall appear before the appropriate committees of Congress, if requested, to present the report required by paragraph (1). Not later than 90 days after the date of receipt of the report required by paragraph (1), such agency or the Board of Governors, as applicable, shall provide a written report to Congress describing any actions taken in response to the recommendations in the report, and if no such actions were taken, describing the reasons why no actions were taken.
[1] See References in Text note below.
Source
(Pub. L. 111–203, title II, § 211,July 21, 2010, 124 Stat. 1514.)
References in Text
This subchapter, referred to in subsecs. (d)(1), (2), (4)(B), (5), (e)(1), (2), and (f)(2), was in the original “this title”, meaning title II of Pub. L. 111–203, July 21, 2010, 124 Stat. 1442, which is classified principally to this subchapter. For complete classification of title II to the Code, see Tables.
Section
5390
(n)(14) of this title, referred to in subsec. (d)(1)(C), probably means section
5390
(n)(9), because section
5390
(n) of this title does not contain a par. (14) and section
5390
(n)(9) of this title relates to orderly liquidation plans.
The Inspector General Act of 1978, referred to in subsecs. (d)(3) and (e)(3), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, which is set out in the Appendix to Title 5, Government Organization and Employees.
Codification
Section is comprised of section 211 ofPub. L. 111–203. Subsecs. (a) to (c) ofsection
211 of Pub. L. 111–203amended section
4403 of this title and section
1032 of title
18, Crimes and Criminal Procedure.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, May 21, 2013
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