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12 U.S.C. § 5710 — Oversight and audits

Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 5710 — Oversight and audits

**(a) Inspector General oversight** The Inspector General of the Department of the Treasury shall conduct, supervise, and coordinate audits and investigations of the use of funds made available under the Program. **(b) Required certification** (1) **Financial institutions certification** — With respect to funds received by a participating State under the Program, any financial institution that receives a loan, a loan guarantee, or other financial assistance using such funds after March 11, 2021, shall certify that such institution is in compliance with the requirements of section 103.121 of title 31, Code of Federal Regulations, a regulation that, at a minimum, requires financial institutions, as that term is defined in section 5312(a)(2) and (c)(1)(A) of title 31, to implement reasonable procedures to verify the identity of any person seeking to open an account, to the extent reasonable and practicable, maintain records of the information used to verify the person’s identity, and determine whether the person appears on any lists of known or suspected terrorists or terrorist organizations provided to the financial institution by any government agency. (2) **Sex offense certification** — With respect to funds received by a participating State under the Program, any private entity that receives a loan, a loan guarantee, or other financial assistance using such funds after March 11, 2021, shall certify to the participating State that the principals of such entity have not been convicted of a sex offense against a minor (as such terms are defined in [section 20911 of title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section20911&num=0&edition=prelim)). **(c) Prohibition on pornography** None of the funds made available under this chapter may

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Stable record: federal_law:legal_authorities:record_usc_b28e99d1365afbbf4d18d2d6
Source file: Laws/federal/codes/united-states-code/title-12/section-5710-oversight-and-audits--5fb87747fa.md
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Source location: Title 12, Chapter 54, § 5710; chapter-054-state-small-business-credit-initiative.md

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**(a) Inspector General oversight** The Inspector General of the Department of the Treasury shall conduct, supervise, and coordinate audits and investigations of the use of funds made available under the Program. **(b) Required certification** (1) **Financial institutions certification** — With respect to funds received by a participating State under the Program, any financial institution that receives a loan, a loan guarantee, or other financial assistance using such funds after March 11, 2021, shall certify that such institution is in compliance with the requirements of section 103.121 of title 31, Code of Federal Regulations, a regulation that, at a minimum, requires financial institutions, as that term is defined in section 5312(a)(2) and (c)(1)(A) of title 31, to implement reasonable procedures to verify the identity of any person seeking to open an account, to the extent reasonable and practicable, maintain records of the information used to verify the person’s identity, and determine whether the person appears on any lists of known or suspected terrorists or terrorist organizations provided to the financial institution by any government agency. (2) **Sex offense certification** — With respect to funds received by a participating State under the Program, any private entity that receives a loan, a loan guarantee, or other financial assistance using such funds after March 11, 2021, shall certify to the participating State that the principals of such entity have not been convicted of a sex offense against a minor (as such terms are defined in [section 20911 of title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section20911&num=0&edition=prelim)). **(c) Prohibition on pornography** None of the funds made available under this chapter may be used to pay the salary of any individual engaged in activities related to the Program who has been officially disciplined for violations of subpart G of the Standards of Ethical Conduct for Employees of the Executive Branch for viewing, downloading, or exchanging pornography, including child pornography, on a Federal Government computer or while performing official Federal Government duties.

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 20911 — Declaration of purpose

In order to protect the public from sex offenders and offenders against children, and in response to the vicious attacks by violent predators against the victims listed below, Congress in this chapter establishes a comprehensive national system for the registration of those offenders: (1) Jacob Wetterling, who was 11 years old, was abducted in 1989 in Minnesota, and remains missing. (2) Megan Nicole Kanka, who was 7 years old, was abducted, sexually assaulted, and murdered in 1994, in New Jersey. (3) Pam Lychner, who was 31 years old, was attacked by a career offender in Houston, Texas. (4) Jetseta Gage, who was 10 years old, was kidnapped, sexually assaulted, and murdered in 2005, in Cedar Rapids, Iowa. (5) Dru Sjodin, who was 22 years old, was sexually assaulted and murdered in 2003, in North Dakota. (6) Jessica Lunsford, who was 9 years old, was abducted, sexually assaulted, buried alive, and murdered in 2005, in Homosassa, Florida. (7) Sarah Lunde, who was 13 years old, was strangled and murdered in 2005, in Ruskin, Florida. (8) Amie Zyla, who was 8 years old, was sexually assaulted in 1996 by a juvenile offender in Waukesha, Wisconsin, and has become an advocate for child victims and protection of children from juvenile sex offenders. (9) Christy Ann Fornoff, who was 13 years old, was abducted, sexually assaulted, and murdered in 1984, in Tempe, Arizona. (10) Alexandra Nicole Zapp, who was 30 years old, was brutally attacked and murdered in a public restroom by a repeat sex offender in 2002, in Bridgewater, Massachusetts. (11) Polly Klaas, who was 12 years old, was abducted, sexually assaulted, and murdered in 1993 by a career offender in California. (12) Jimmy Ryce, who was 9 years old, was kidnapped and murdered in Florida on September 11, 1995. (13)

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 5701 — Definitions

In this chapter, the following definitions shall apply: (1) **Appropriate committees of Congress** — The term “appropriate committees of Congress” means— (A) the Committee on Small Business and Entrepreneurship, the Committee on Agriculture, Nutrition, and Forestry, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, the Committee on the Budget, and the Committee on Appropriations of the Senate; and (B) the Committee on Small Business, the Committee on Agriculture, the Committee on Financial Services, the Committee on Ways and Means, the Committee on the Budget, and the Committee on Appropriations of the House of Representatives. (2) **Appropriate Federal banking agency** — The term “appropriate Federal banking agency”— (A) has the same meaning as in [section 1813(q) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1813/q&num=0&edition=prelim); and (B) includes the National Credit Union Administration Board in the case of any credit union the deposits of which are insured in accordance with the Federal Credit Union Act [[12 U.S.C. 1751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1751&num=0&edition=prelim) et seq.]. (3) **Enrolled loan** — The term “enrolled loan” means a loan made by a financial institution lender that is enrolled by a participating State in an approved State capital access program in accordance with this chapter. (4) **Federal contribution** — The term “Federal contribution” means the portion of the contribution made by a participating State to, or for the account of, an approved State program that is made with Federal funds allocated to the State by the Secretary under [section 5702 of this title](https://uscode.house.gov/view.xhtml?r

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 5710 — Oversight and audits

Page 2022 TITLE 12—BANKS AND BANKING § 5709 (1) consult with the Administrator of the Small Business Administration and the appro- priate Federal banking agencies on the admin- istration of the Program; (2) establish minimum national standards for approved State programs; (3) provide technical assistance to States for starting State programs and generally dis- seminate best practices; (4) manage, administer, and perform nec- essary program integrity functions for the Program; and (5) ensure adequate oversight of the ap- proved State programs, including oversight of the cash flows, performance, and compliance of each approved State program. (b) Appropriations There is hereby appropriated to the Secretary, out of funds in the Treasury not otherwise ap- propriated, $1,500,000,000 to carry out the Pro- gram, including to pay reasonable costs of ad- ministering the Program. (c) Termination of Secretary’s Program adminis- tration functions The authorities and duties of the Secretary to implement and administer the Program shall terminate at the end of the 7-year period begin- ning on March 11, 2021. (d) Expedited contracting During the 1-year period beginning on March 11, 2021, the Secretary may enter into contracts without regard to any other provision of law re- garding public contracts, for purposes of car- rying out this chapter. (e) Technical assistance Of the amounts appropriated for fiscal year 2021 to carry out the Program, $500,000,000 may be used by the Secretary to— (1) provide funds to States to carry out a technical assistance plan under which a State will provide legal, accounting, and financial advisory services, either directly or con- tracted with legal, accounting, and financial advisory firms, with priority given to business en

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