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31 U.S.C. § 714 — Audit of Financial Institutions Examina-
Federal law — U.S. Code and appendices · legal_authorities
Page 81
TITLE 31—MONEY AND FINANCE
§ 714
bacco, Firearms, and Explosives, Department of
Justice.
(3) Except as expressly provided by law, an of-
ficer or employee of the Office may make known
information derived from a record or property
of, or in use by, the Service or either Bureau
that can identify a particular taxpayer only to
another officer or employee of the Office whose
duties or powers require that the record or prop-
erty be made known.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 889; Pub.
L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L.
107–296, title XI, § 1112(m), Nov. 25, 2002, 116 Stat.
2277; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat.
814.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
713(a) ......
31:67(d)(1).
Sept. 12, 1950, ch. 946, 64 Stat.
832, § 117(d)(1)–(3); added Oct.
7, 1977, Pub. L. 95–125, § 1, 91
Stat. 1104.
713(b)(1) ..
31:67(d)(2)(1st sen-
tence less pro-
viso).
713(b)(2) ..
31:67(d)(3).
713(b)(3) ..
31:67(d)(2)(1st sen-
tence proviso, last
sentence).
In subsection (a), the words ‘‘rules and’’ and ‘‘findings
or’’ are omitted as surplus. The words ‘‘or his delegate’’
are omitted as unnecessary because of sections 301(b)
and 321(a)(2) of the revised title.
In subsection (b)(1), before clause (A), the words ‘‘To
carry out’’ are substituted for ‘‘For the purposes of, and
to the extent necessary in, making the audits required
by’’, and the word ‘‘only’’ is substituted for ‘‘but not-
withstanding the provisions of any other law’’, to
eliminate unnecessary words. The words ‘‘the require-
ments imposed by’’ are omitted as surplus. The words
‘‘Comptroller General’’ are substituted for ‘‘representa-
tives of the General Accounting Office’’ for consist-
ency. I
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Page 81
TITLE 31—MONEY AND FINANCE
§ 714
bacco, Firearms, and Explosives, Department of
Justice.
(3) Except as expressly provided by law, an of-
ficer or employee of the Office may make known
information derived from a record or property
of, or in use by, the Service or either Bureau
that can identify a particular taxpayer only to
another officer or employee of the Office whose
duties or powers require that the record or prop-
erty be made known.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 889; Pub.
L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L.
107–296, title XI, § 1112(m), Nov. 25, 2002, 116 Stat.
2277; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat.
814.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
713(a) ......
31:67(d)(1).
Sept. 12, 1950, ch. 946, 64 Stat.
832, § 117(d)(1)–(3); added Oct.
7, 1977, Pub. L. 95–125, § 1, 91
Stat. 1104.
713(b)(1) ..
31:67(d)(2)(1st sen-
tence less pro-
viso).
713(b)(2) ..
31:67(d)(3).
713(b)(3) ..
31:67(d)(2)(1st sen-
tence proviso, last
sentence).
In subsection (a), the words ‘‘rules and’’ and ‘‘findings
or’’ are omitted as surplus. The words ‘‘or his delegate’’
are omitted as unnecessary because of sections 301(b)
and 321(a)(2) of the revised title.
In subsection (b)(1), before clause (A), the words ‘‘To
carry out’’ are substituted for ‘‘For the purposes of, and
to the extent necessary in, making the audits required
by’’, and the word ‘‘only’’ is substituted for ‘‘but not-
withstanding the provisions of any other law’’, to
eliminate unnecessary words. The words ‘‘the require-
ments imposed by’’ are omitted as surplus. The words
‘‘Comptroller General’’ are substituted for ‘‘representa-
tives of the General Accounting Office’’ for consist-
ency. In clause (B), the word ‘‘records’’ is substituted
for ‘‘books, accounts, financial records, reports, files,
papers’’ for consistency in the revised title and with
other titles of the United States Code. The words
‘‘other’’ and ‘‘things’’ are omitted as surplus.
In subsection (b)(2), the words ‘‘in writing’’ and ‘‘pur-
suant to the provisions of paragraph (2) of this sub-
section’’ are omitted as surplus. The words ‘‘records or
property of the Service or the Bureau’’ are substituted
for ‘‘any information described in clause (B) of such
paragraph (2)’’ for clarity. The words ‘‘in a form . . . be
associated with or otherwise . . . directly or indi-
rectly’’, ‘‘such written’’, and ‘‘promptly’’ are omitted
as surplus.
In subsection (b)(3), the words ‘‘divulge . . . in any
manner whatever to any person’’ are omitted as sur-
plus. The words ‘‘information derived from a record or
property of, or in use by, the Service or the Bureau’’
are substituted for ‘‘any information described in
clause (B)’’ for clarity and consistency. The words ‘‘in
a form . . . be associated with or otherwise . . . di-
rectly or indirectly’’ are omitted as surplus. The word
‘‘powers’’ is substituted for ‘‘responsibilities’’ for con-
sistency. The words ‘‘that the record or property be
made known’’ are substituted for ‘‘such disclosure’’ for
clarity. The text of 31:67(d)(2)(last sentence) is omitted
as surplus.
Editorial Notes
AMENDMENTS
2004—Subsec. (b)(2). Pub. L. 108–271 substituted ‘‘Gov-
ernment Accountability Office’’ for ‘‘General Account-
ing Office’’.
2002—Pub. L. 107–296, § 1112(m)(1), substituted ‘‘, Tax
and Trade Bureau, and Bureau of Alcohol, Tobacco,
Firearms, and Explosives’’ for ‘‘and Bureau of Alcohol,
Tobacco, and Firearms’’ in section catchline.
Subsec. (a). Pub. L. 107–296, § 1112(m)(2), substituted
‘‘Tax and Trade Bureau, Department of the Treasury,
and the Bureau of Alcohol, Tobacco, Firearms, and Ex-
plosives, Department of Justice’’ for ‘‘Bureau of Alco-
hol, Tobacco, and Firearms,’’.
Subsec. (b)(1)(B). Pub. L. 107–296, § 1112(m)(3)(A), sub-
stituted ‘‘or either Bureau’’ for ‘‘or the Bureau’’.
Subsec. (b)(2). Pub. L. 107–296, § 1112(m)(3)(B), sub-
stituted ‘‘or either Bureau’’ for ‘‘or the Bureau’’ and
‘‘the Tax and Trade Bureau, Department of the Treas-
ury, and the Director of the Bureau of Alcohol, To-
bacco, Firearms, and Explosives, Department of Jus-
tice’’ for ‘‘and the Director of the Bureau’’.
Subsec. (b)(3). Pub. L. 107–296, § 1112(m)(3)(C), sub-
stituted ‘‘or either Bureau’’ for ‘‘or the Bureau’’.
1986—Subsecs. (a), (b)(1). Pub. L. 99–514 substituted
‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue
Code of 1954’’ wherever appearing.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Committee on Governmental Affairs of Senate
changed to Committee on Homeland Security and Gov-
ernmental Affairs of Senate, effective Jan. 4, 2005, by
Senate Resolution No. 445, One Hundred Eighth Con-
gress, Oct. 9, 2004.
Committee on Government Operations of House of
Representatives treated as referring to Committee on
Government Reform and Oversight of House of Rep-
resentatives by section 1(a) of Pub. L. 104–14, set out as
a note preceding section 21 of Title 2, The Congress.
Committee on Government Reform and Oversight of
House of Representatives changed to Committee on
Government Reform of House of Representatives by
House Resolution No. 5, One Hundred Sixth Congress,
Jan. 6, 1999. Committee on Government Reform of
House of Representatives changed to Committee on
Oversight and Government Reform of House of Rep-
resentatives by House Resolution No. 6, One Hundred
Tenth Congress, Jan. 5, 2007. Committee on Oversight
and Government Reform of House of Representatives
changed to Committee on Oversight and Reform of
House of Representatives by House Resolution No. 6,
One Hundred Sixteenth Congress, Jan. 9, 2019. Com-
mittee on Oversight and Reform of House of Represent-
atives changed to Committee on Oversight and Ac-
countability of House of Representatives by House Res-
olution No. 5, One Hundred Eighteenth Congress, Jan.
9, 2023.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–296 effective 60 days after
Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as
an Effective Date note under section 101 of Title 6, Do-
mestic Security.
§ 714. Audit of Financial Institutions Examina-
tion Council, Federal Reserve Board, Federal
reserve banks, Federal Deposit Insurance
Corporation, and Office of Comptroller of the
Currency
(a) In this section, ‘‘agency’’ means the Finan-
cial
Institutions
Examination
Council,
the
Board of Governors of the Federal Reserve Sys-
tem (in this section referred to as the ‘‘Board’’),
Federal reserve banks, the Federal Deposit In-
surance Corporation, and the Office of the
Comptroller of the Currency.
(b) Under regulations of the Comptroller Gen-
eral, the Comptroller General shall audit an
agency, but may carry out an onsite examina-
tion of an open insured bank or bank holding
company only if the appropriate agency has con-
Page 82
TITLE 31—MONEY AND FINANCE
§ 714
1 So in original. Probably should be ‘‘an’’.
2 See References in Text note below.
sented in writing. Audits of the Board and Fed-
eral reserve banks may not include—
(1) transactions for or with a foreign central
bank, government of a foreign country, or
nonprivate international financing organiza-
tion;
(2) deliberations, decisions, or actions on
monetary policy matters, including discount
window operations, reserves of member banks,
securities credit, interest on deposits, and
open market operations;
(3) transactions made under the direction of
the Federal Open Market Committee; or
(4) a part of a discussion or communication
among or between members of the Board and
officers and employees of the Federal Reserve
System related to clauses (1)–(3) of this sub-
section.
(c)(1) Except as provided in this subsection, an
officer or employee of the Government Account-
ability Office may not disclose information
identifying an open bank, an open bank holding
company, or a customer of an open or closed
bank or bank holding company. The Comptroller
General may disclose information related to the
affairs of a closed bank or closed bank holding
company identifying a customer of the closed
bank or closed bank holding company only if the
Comptroller General believes the customer had
a controlling influence in the management of
the closed bank or closed bank holding company
or was related to or affiliated with a person or
group having a controlling influence.
(2) An officer or employee of the Office may
discuss a customer, bank, or bank holding com-
pany with an official of an agency and may re-
port an apparent criminal violation to an appro-
priate law enforcement authority of the United
States Government or a State.
(3) Except as provided under paragraph (4), an
officer or employee of the Government Account-
ability Office may not disclose to any person
outside the Government Accountability Office
information obtained in audits or examinations
conducted under subsection (e) and maintained
as confidential by the Board or the Federal re-
serve banks.
(4) This subsection shall not—
(A) authorize an officer or employee of an
agency to withhold information from any
committee or subcommittee of jurisdiction of
Congress, or any member of such committee
or subcommittee; or
(B) limit any disclosure by the Government
Accountability Office to any committee or
subcommittee of jurisdiction of Congress, or
any member of such committee or sub-
committee.
(d)(1) To carry out this section, all records and
property of or used by an agency, including sam-
ples of reports of examinations of a bank or
bank holding company the Comptroller General
considers
statistically
meaningful
and
workpapers and correspondence related to the
reports shall be made available to the Comp-
troller General. The Comptroller General shall
have access to the officers, employees, contrac-
tors, and other agents and representatives of an
agency and any entity established by an agency
at any reasonable time as the Comptroller Gen-
eral may request. The Comptroller General may
make and retain copies of such books, accounts,
and other records as the Comptroller General
determines appropriate. The Comptroller Gen-
eral shall give an agency a current list of offi-
cers and employees to whom, with proper identi-
fication, records and property may be made
available, and who may make notes or copies
necessary to carry out an audit.
(2) The Comptroller General shall prevent un-
authorized access to records, copies of any
record, or property of or used by an agency or
any person or entity described in paragraph
(3)(A) that the Comptroller General obtains dur-
ing an audit.
(3)(A) For purposes of conducting audits and
examinations under subsection (e) or (f), the
Comptroller General shall have access, upon re-
quest, to any information, data, schedules,
books, accounts, financial records, reports, files,
electronic communications, or other papers,
things or property belonging to or in use by—
(i) any entity established by any action
taken by the Board or the Federal Reserve
banks described under subsection (e) or (f);
(ii) any entity participating in or receiving
assistance from any action taken by the Board
or the Federal Reserve banks described under
subsection (e) or (f), to the extent that the ac-
cess and request relates to that assistance;
and
(iii) the officers, directors, employees, inde-
pendent public accountants, financial advisors
and any and all representatives of any entity
described under clause (i) or (ii); to the extent
that the access and request relates to that as-
sistance;
(B) The Comptroller General shall have access
as provided under subparagraph (A) at such time
as the Comptroller General may request. The
Comptroller General may make and retain cop-
ies of books, accounts, and other records pro-
vided under subparagraph (A) as the Comptroller
General deems appropriate. The Comptroller
General shall provide to any person or entity de-
scribed in subparagraph (A) a current list of offi-
cers and employees to whom, with proper identi-
fication, records and property may be made
available, and who may make notes or copies
necessary to carry out a 1 audit or examination
under this subsection.
(C) Each contract, term sheet, or other agree-
ment between the Board or any Federal reserve
bank (or any entity established by the Board or
any Federal reserve bank) and an entity receiv-
ing assistance from any action taken by the
Board described under subsection (e) or (f) shall
provide for access by the Comptroller General in
accordance with this paragraph.
(e) Notwithstanding subsection (b), the Comp-
troller General may conduct audits, including
onsite examinations when the Comptroller Gen-
eral determines such audits and examinations
are appropriate, of any action taken by the
Board under the third undesignated paragraph of
section 13 2 of the Federal Reserve Act (12 U.S.C.
Page 83
TITLE 31—MONEY AND FINANCE
§ 714
343); with respect to a single and specific part-
nership or corporation.
(f) AUDITS OF CREDIT FACILITIES OF THE FED-
ERAL RESERVE SYSTEM.—
(1) DEFINITIONS.—In this subsection, the fol-
lowing definitions shall apply:
(A) CREDIT FACILITY.—The term ‘‘credit fa-
cility’’ means a program or facility, includ-
ing any special purpose vehicle or other en-
tity established by or on behalf of the Board
of Governors of the Federal Reserve System
or a Federal reserve bank, authorized by the
Board of Governors under section 13(3) of the
Federal Reserve Act (12 U.S.C. 343), that is
not subject to audit under subsection (e).
(B)
COVERED
TRANSACTION.—The
term
‘‘covered transaction’’ means any open mar-
ket transaction or discount window advance
that meets the definition of ‘‘covered trans-
action’’ in section 11(s) of the Federal Re-
serve Act.
(2) AUTHORITY
FOR
AUDITS
AND
EXAMINA-
TIONS.—Subject to paragraph (3), and notwith-
standing any limitation in subsection (b) on
the auditing and oversight of certain functions
of the Board of Governors of the Federal Re-
serve System or any Federal reserve bank, the
Comptroller General of the United States may
conduct audits, including onsite examinations,
of the Board of Governors, a Federal reserve
bank, or a credit facility, if the Comptroller
General determines that such audits are ap-
propriate, solely for the purposes of assessing,
with respect to a credit facility or a covered
transaction—
(A) the operational integrity, accounting,
financial reporting, and internal controls
governing the credit facility or covered
transaction;
(B) the effectiveness of the security and
collateral policies established for the facil-
ity or covered transaction in mitigating risk
to the relevant Federal reserve bank and
taxpayers;
(C) whether the credit facility or the con-
duct of a covered transaction inappropri-
ately favors one or more specific partici-
pants over other institutions eligible to uti-
lize the facility; and
(D) the policies governing the use, selec-
tion, or payment of third-party contractors
by or for any credit facility or to conduct
any covered transaction.
(3) REPORTS AND DELAYED DISCLOSURE.—
(A) REPORTS REQUIRED.—A report on each
audit conducted under paragraph (2) shall be
submitted by the Comptroller General to the
Congress before the end of the 90-day period
beginning on the date on which such audit is
completed.
(B) CONTENTS.—The report under subpara-
graph (A) shall include a detailed description
of the findings and conclusions of the Comp-
troller General with respect to the matters
described in paragraph (2) that were audited
and are the subject of the report, together
with such recommendations for legislative
or administrative action relating to such
matters as the Comptroller General may de-
termine to be appropriate.
(C) DELAYED RELEASE OF CERTAIN INFORMA-
TION.—
(i) IN
GENERAL.—The Comptroller Gen-
eral shall not disclose to any person or en-
tity, including to Congress, the names or
identifying details of specific participants
in any credit facility or covered trans-
action, the amounts borrowed by or trans-
ferred by or to specific participants in any
credit facility or covered transaction, or
identifying details regarding assets or col-
lateral held or transferred by, under, or in
connection with any credit facility or cov-
ered transaction, and any report provided
under subparagraph (A) shall be redacted
to ensure that such names and details are
not disclosed.
(ii) DELAYED
RELEASE.—The nondisclo-
sure obligation under clause (i) shall ex-
pire with respect to any participant on the
date on which the Board of Governors, di-
rectly or through a Federal reserve bank,
publicly discloses the identity of the sub-
ject participant or the identifying details
of the subject assets, collateral, or trans-
action.
(iii) GENERAL RELEASE.—The Comptroller
General
shall
release
a
nonredacted
version of any report on a credit facility 1
year after the effective date of the termi-
nation by the Board of Governors of the
authorization for the credit facility. For
purposes of this clause, a credit facility
shall be deemed to have terminated 24
months after the date on which the credit
facility ceases to make extensions of cred-
it and loans, unless the credit facility is
otherwise terminated by the Board of Gov-
ernors.
(iv) EXCEPTIONS.—The nondisclosure ob-
ligation under clause (i) shall not apply to
the credit facilities Maiden Lane, Maiden
Lane II, and Maiden Lane III.
(v) RELEASE OF COVERED TRANSACTION IN-
FORMATION.—The
Comptroller
General
shall release a nonredacted version of any
report
regarding
covered
transactions
upon the release of the information re-
garding such covered transactions by the
Board of Governors of the Federal Reserve
System, as provided in section 11(s) of the
Federal Reserve Act.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 890; Pub.
L. 101–73, title III, § 307(c), Aug. 9, 1989, 103 Stat.
353; Pub. L. 104–316, title I, § 115(a), Oct. 19, 1996,
110 Stat. 3834; Pub. L. 108–271, § 8(b), July 7, 2004,
118 Stat. 814; Pub. L. 111–22, div. A, title VIII,
§ 801, May 20, 2009, 123 Stat. 1662; Pub. L. 111–203,
title III, § 378(2), title XI, § 1102, July 21, 2010, 124
Stat. 1570, 2115.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
714(a) ......
31:67(e)(2).
Sept. 12, 1950, ch. 946, 64 Stat.
832, § 117(e)(1)–(5), (7); added
July 21, 1978, Pub. L. 95–320,
§ 2, 92 Stat. 391; Nov. 10, 1978,
Pub. L. 95–630, § 1010, 92
Stat. 3696.
714(b) ......
31:67(e)(1), (3), (4).
714(c) ......
31:67(e)(5).
714(d) ......
31:67(e)(7).
Page 84
TITLE 31—MONEY AND FINANCE
§ 714
In subsection (a), the words ‘‘Financial Institutions
Examination Council, the Federal Reserve Board, Fed-
eral reserve banks, the Federal Deposit Insurance Cor-
poration, and the Office of the Comptroller of the Cur-
rency’’ are substituted for ‘‘the agencies, banks, facili-
ties, and corporation, listed in clauses (A), (B), (C), and
(D) of paragraph (1)’’ for clarity. The words ‘‘and their
branches and facilities’’ are omitted as unnecessary be-
cause of section 4 of the Rules of Organization of the
Federal Reserve System set out in 12:222(note).
In subsections (b) and (c), the words ‘‘Comptroller
General’’ are substituted for ‘‘General Accounting Of-
fice’’ and ‘‘Office’’ for consistency.
In subsection (b), before clause (1), the words ‘‘rules
and’’ are omitted as surplus. The word ‘‘agency’’ is sub-
stituted for 31:67(e)(1)(A)–(D) because of subsection (a).
The words ‘‘(hereinafter in this subsection referred to
as the Office)’’ are omitted because of the restatement.
In clause (1), the words ‘‘government of a foreign coun-
try’’ are substituted for ‘‘foreign governments’’ for con-
sistency. In clause (3), the words ‘‘including trans-
actions of the Federal Reserve System Open Market
Account’’ are omitted as surplus. In clause (4), the
words ‘‘oral, written, telegraphic, or telephonic’’ are
omitted as surplus.
In subsection (c)(1), the words ‘‘otherwise’’, ‘‘to any
person, nor shall the Office disclose in its report or oth-
erwise outside of the Office’’, ‘‘in a form’’, and ‘‘spe-
cific’’ are omitted as surplus.
In subsection (c)(2), the words ‘‘An officer or em-
ployee of the Office’’ are substituted for ‘‘the Office or
its employees’’ for consistency in the revised title and
with other titles of the United States Code. The word
‘‘specific’’ is omitted as surplus.
In subsection (c)(3), the words ‘‘or subcommittee of
the’’ are omitted as surplus. The words ‘‘authorized to
have the information’’ are substituted for ‘‘duly au-
thorized’’ for clarity.
In subsection (d)(1), the words ‘‘To carry out this sec-
tion, all records and property of or used by an agency
. . . shall be made available to the Comptroller Gen-
eral’’ are substituted for 31:67(e)(7)(A)(words before 11th
comma) for consistency in the revised title and with
other titles of the Code and to eliminate unnecessary
words. The words ‘‘without deletions’’ are omitted as
surplus. The words ‘‘from whatever source’’ and
‘‘whether or not a part of the reports’’ are omitted as
surplus. The words ‘‘shall have the authority to author-
ize Office personnel to conduct such audits and to have
access to agency materials described in subparagraph
(A) and’’ are omitted because of sections 702(b) and 711
of the revised title. The words ‘‘records and property’’
are substituted for ‘‘such agency materials’’ for clarity
and consistency.
In subsection (d)(2), the words ‘‘records and property
of or used by an agency’’ are substituted for ‘‘agency
materials described in subparagraph (A)’’ for consist-
ency. The words ‘‘The Comptroller General shall pre-
vent unauthorized access to records or property’’ are
substituted for 31:67(e)(7)(D)(last sentence) for clarity.
Editorial Notes
REFERENCES IN TEXT
The third undesignated paragraph of section 13 of the
Federal Reserve Act, referred in subsec. (e), is deemed
to be a reference to section 13(3) of the Federal Reserve
Act, which is classified to section 343(3) of Title 12,
Banks and Banking. See section 1101(c) of Pub. L.
111–203, set out as a note under section 343 of Title 12.
Section 11(s) of the Federal Reserve Act, referred to
in subsec. (f)(1)(B), (3)(C)(v), is classified to section
248(s) of Title 12, Banks and Banking.
AMENDMENTS
2010—Subsec. (a). Pub. L. 111–203, § 378(2), substituted
‘‘and the Office of the Comptroller of the Currency.’’
for ‘‘the Office of the Comptroller of the Currency, and
the Office of Thrift Supervision.’’
Subsec. (d)(2). Pub. L. 111–203, § 1102(b)(1), inserted ‘‘or
any person or entity described in paragraph (3)(A)’’
after ‘‘used by an agency’’.
Subsec. (d)(3). Pub. L. 111–203, § 1102(b)(2), inserted ‘‘or
(f)’’ after ‘‘subsection (e)’’ wherever appearing.
Subsec. (d)(3)(A)(i). Pub. L. 111–203, § 1102(b)(3), in-
serted ‘‘or the Federal Reserve banks’’ after ‘‘by the
Board’’.
Subsec. (d)(3)(A)(ii). Pub. L. 111–203, § 1102(b)(3), (4), in-
serted ‘‘participating in or’’ after ‘‘any entity’’ and ‘‘or
the Federal Reserve banks’’ after ‘‘by the Board’’.
Subsec. (d)(3)(B). Pub. L. 111–203, § 1102(b)(5), inserted
at end ‘‘The Comptroller General may make and retain
copies of books, accounts, and other records provided
under subparagraph (A) as the Comptroller General
deems appropriate. The Comptroller General shall pro-
vide to any person or entity described in subparagraph
(A) a current list of officers and employees to whom,
with proper identification, records and property may be
made available, and who may make notes or copies nec-
essary to carry out a audit or examination under this
subsection.’’
Subsec. (f). Pub. L. 111–203, § 1102(a), added subsec. (f).
2009—Subsec. (a). Pub. L. 111–22, § 801(a)(1), sub-
stituted ‘‘Board of Governors of the Federal Reserve
System (in this section referred to as the ‘Board’),’’ for
‘‘Federal Reserve Board,’’.
Subsec. (b). Pub. L. 111–22, § 801(a)(2)(A), which di-
rected substitution of ‘‘Board’’ for ‘‘Federal Reserve
Board,’’ in introductory provisions, was executed by
making the substitution for ‘‘Federal Reserve Board’’
to reflect the probable intent of Congress.
Subsec. (b)(4). Pub. L. 111–22, § 801(a)(2)(B), struck out
‘‘of Governors’’ after ‘‘Board’’.
Subsec. (c)(3), (4). Pub. L. 111–22, § 801(b), added pars.
(3) and (4) and struck out former par. (3) which read as
follows: ‘‘This subsection does not authorize an officer
or employee of an agency to withhold information from
a committee of Congress authorized to have the infor-
mation.’’
Subsec. (d)(1). Pub. L. 111–22, § 801(c)(1), inserted after
first sentence ‘‘The Comptroller General shall have ac-
cess to the officers, employees, contractors, and other
agents and representatives of an agency and any entity
established by an agency at any reasonable time as the
Comptroller General may request. The Comptroller
General may make and retain copies of such books, ac-
counts, and other records as the Comptroller General
determines appropriate.’’
Subsec. (d)(2). Pub. L. 111–22, § 801(c)(2), inserted
‘‘, copies of any record,’’ after ‘‘records’’.
Subsec. (d)(3). Pub. L. 111–22, § 801(c)(3), added par. (3).
Subsec. (e). Pub. L. 111–22, § 801(d), added subsec. (e).
2004—Subsec. (c)(1). Pub. L. 108–271 substituted ‘‘Gov-
ernment Accountability Office’’ for ‘‘General Account-
ing Office’’.
1996—Subsec. (d). Pub. L. 104–316 struck out at end of
par. (1) ‘‘An agency shall give the Comptroller General
suitable and lockable offices and furniture, telephones,
and access to copying facilities.’’ and amended par. (2)
generally. Prior to amendment, par. (2) read as follows:
‘‘Except for the temporary removal of workpapers of
the Comptroller General that do not identify a cus-
tomer of an open or closed bank or bank holding com-
pany, an open bank, or an open bank holding company,
all workpapers of the Comptroller General and records
and property of or used by an agency that the Comp-
troller General possesses during an audit, shall remain
in the agency. The Comptroller General shall prevent
unauthorized access to records or property.’’
1989—Subsec. (a). Pub. L. 101–73 inserted reference to
Office of Thrift Supervision.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2010 AMENDMENT
Amendment by section 378(2) of Pub. L. 111–203 effec-
tive on the transfer date, see section 351 of Pub. L.
111–203, set out as a note under section 906 of Title 2,
The Congress.
Page 85
TITLE 31—MONEY AND FINANCE
§ 715
Amendment by section 1102 of Pub. L. 111–203 effec-
tive 1 day after July 21, 2010, except as otherwise pro-
vided, see section 4 of Pub. L. 111–203, set out as an Ef-
fective Date note under section 5301 of Title 12, Banks
and Banking.
§ 715. Audit of accounts and operations of the
District of Columbia government
(a) In addition to the audit carried out under
section 455 of the District of Columbia Home
Rule Act (Public Law 93–198, 87 Stat. 803; D.C.
Code, § 47–117), the Comptroller General each
year shall audit the accounts and operations of
the District of Columbia government. An audit
shall be carried out according to principles,
under regulations, and in a way the Comptroller
General prescribes. When prescribing the proce-
dures to follow and the extent of the inspection
of records, the Comptroller General shall con-
sider generally accepted principles of auditing,
including the effectiveness of accounting organi-
zations and systems, internal audit and control,
and related administrative practices.
(b) The Comptroller General shall submit each
audit report to Congress and (other than the
audit reports of the District of Columbia Courts)
the Mayor and Council of the District of Colum-
bia. The report shall include the scope of an
audit, information the Comptroller General con-
siders necessary to keep Congress, the Mayor,
and the Council informed of operations audited,
and recommendations the Comptroller General
considers advisable.
(c)(1) By the 90th day after receiving an audit
report from the Comptroller General, the Mayor
shall state in writing to the Council measures
the District of Columbia government is taking
to comply with the recommendations of the
Comptroller General. A copy of the statement
shall be sent to Congress.
(2) After the Council receives the statement of
the Mayor, the Council may make available for
public inspection the report of the Comptroller
General and other material the Council con-
siders pertinent.
(d) To carry out this section, records and prop-
erty of or used by the District of Columbia gov-
ernment necessary to make an audit easier shall
be made available to the Comptroller General.
The Mayor shall provide facilities to carry out
an audit.
(e) Not later than March 1 of each year, the
Comptroller General shall submit to the Com-
mittee on the District of Columbia of the House
of Representatives and the Subcommittee on
General Services, Federalism, and the District
of Columbia of the Committee on Governmental
Affairs of the Senate a review of the report of
the breakdown of the independently audited rev-
enues of the District of Columbia for the pre-
ceding fiscal year by revenues derived from the
Federal Government and revenues derived from
sources other than the Federal Government that
is included in the independent annual audit of
the funds of the District of Columbia conducted
for such fiscal year.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 891; Pub.
L. 102–102, § 2(c)(2), Aug. 17, 1991, 105 Stat. 496;
Pub. L. 105–33, title XI, §§ 11244(b), 11717(b), Aug.
5, 1997, 111 Stat. 754, 786.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
715(a) ......
31:61(a)(1st, 2d sen-
tences).
Dec. 24, 1973, Pub. L. 93–198,
§ 736, 87 Stat. 823.
715(b) ......
31:61(b)(1).
715(c)(1) ..
31:61(b)(3).
715(c)(2) ..
31:61(b)(2).
715(d) ......
31:61(a)(last sen-
tence).
In subsection (a), the words ‘‘Comptroller General’’
are substituted for ‘‘General Accounting Office’’ for
consistency. The words ‘‘of Columbia’’ are added for
clarity. The words ‘‘rules and’’ are omitted as surplus.
The word ‘‘way’’ is substituted for ‘‘procedures’’ and
‘‘detail’’ to eliminate unnecessary words. The words ‘‘of
the United States’’ are omitted as surplus. The word
‘‘records’’ is substituted for ‘‘vouchers and other docu-
ments’’ to eliminate unnecessary words.
In subsection (b), the words ‘‘of the District of Co-
lumbia’’ are added for clarity. The words ‘‘comments
and’’ are omitted as surplus. The word ‘‘audited’’ is
substituted for ‘‘to which the reports relate’’ for con-
sistency and to eliminate unnecessary words. The
words ‘‘with respect thereto’’ are omitted as surplus.
In subsection (c)(2), the words ‘‘After the Council re-
ceives the statement of the Mayor’’ are substituted for
‘‘After the Mayor has had an opportunity to be heard’’,
and the words ‘‘of the Comptroller General’’ are added,
for clarity. The word ‘‘thereto’’ is omitted as surplus.
In subsection (d), the words ‘‘To carry out this sec-
tion’’ are added for clarity. The words ‘‘records and
property of or used by . . . shall be made available to
the
Comptroller
General’’
are
substituted
for
31:61(a)(last sentence 1st–30th words) for consistency in
the revised title and with other titles of the United
States Code and to eliminate unnecessary words. The
words ‘‘of Columbia government’’ are added for consist-
ency. The words ‘‘The Mayor shall provide facilities to
carry out an audit’’ are substituted for 31:61(a)(last sen-
tence words after last comma) for clarity.
Editorial Notes
AMENDMENTS
1997—Subsec. (a). Pub. L. 105–33, § 11717(b), substituted
‘‘District of Columbia Home Rule Act’’ for ‘‘District of
Columbia Self-Government and Governmental Reorga-
nization Act’’.
Subsec. (b). Pub. L. 105–33, § 11244(b), substituted ‘‘and
(other than the audit reports of the District of Colum-
bia Courts) the Mayor’’ for ‘‘and the Mayor’’.
1991—Subsec. (e). Pub. L. 102–102 added subsec. (e).
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Committee on Governmental Affairs of Senate
changed to Committee on Homeland Security and Gov-
ernmental Affairs of Senate, effective Jan. 4, 2005, by
Senate Resolution No. 445, One Hundred Eighth Con-
gress, Oct. 9, 2004.
EFFECTIVE DATE OF 1997 AMENDMENT
Amendment by Pub. L. 105–33 effective Oct. 1, 1997,
except as otherwise provided in title XI of Pub. L.
105–33, see section 11721 of Pub. L. 105–33, set out as a
note under section 4246 of Title 18, Crimes and Criminal
Procedure.
EFFECTIVE DATE OF 1991 AMENDMENT
Pub. L. 102–102, § 2(e), Aug. 17, 1991, 105 Stat. 496, pro-
vided that: ‘‘The amendments made by this section
[amending this section] shall take effect on the date of
the enactment of this Act [Aug. 17, 1991].’’
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
of law requiring submittal to Congress of any annual,
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
Upon the indorsement of any of its member banks, which shall be deemed a waiver of demand, notice and protest by such bank as to its own indorsement exclusively, any Federal reserve bank may discount notes, drafts, and bills of exchange arising out of actual commercial transactions; that is, notes, drafts, and bills of exchange issued or drawn for agricultural, industrial, or commercial purposes, or the proceeds of which have been used, or are to be used, for such purposes, the Board of Governors of the Federal Reserve System to have the right to determine or define the character of the paper thus eligible for discount, within the meaning of this chapter. Nothing in this chapter contained shall be construed to prohibit such notes, drafts, and bills of exchange, secured by staple agricultural products, or other goods, wares, or merchandise from being eligible for such discount, and the notes, drafts, and bills of exchange of factors issued as such making advances exclusively to producers of staple agricultural products in their raw state shall be eligible for such discount; but such definition shall not include notes, drafts, or bills covering merely investments or issued or drawn for the purpose of carrying or trading in stocks, bonds, or other investment securities, except bonds and notes of the Government of the United States. Notes, drafts, and bills admitted to discount under the terms of this paragraph must have a maturity at the time of discount of not more than ninety days, exclusive of grace.
(3)
(A) 11 So in original. In unusual and exigent circumstances, the Board of Governors of the Federal Reserve System, by the affirmative vote of not less than five members, may authorize any Federal reserve bank, during such periods as the said board may determine, at
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 343
Stored review status: release_metadata_unconfirmed. The source passage cites 12 U.S.C. § 343. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 122
TITLE 12—BANKS AND BANKING
§ 342
ficer of the bank and shall be appointed by the Class B
and Class C directors of the bank, with the approval of
the Board of Governors of the Federal Reserve System,
for a term of 5 years; and all other executive officers
and all employees of the bank shall be directly respon-
sible to the president.’’ for ‘‘The president shall be the
chief executive officer of the bank and shall be ap-
pointed by the board of directors, with the approval of
the Board of Governors of the Federal Reserve System,
for a term of five years; and all other executive officers
and all employees of the bank shall be directly respon-
sible to him.’’
1994—Pub. L. 103–325 amended eighth power by sub-
stituting ‘‘Secretary of the Treasury’’ for ‘‘Comptroller
of the Currency’’.
1935—Act Aug. 23, 1935, amended fifth power.
1927—Act Feb. 25, 1927, amended second power.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2010 AMENDMENT
Amendment by Pub. L. 111–203 effective 1 day after
July 21, 2010, except as otherwise provided, see section
4 of Pub. L. 111–203, set out as an Effective Date note
under section 5301 of this title.
EFFECTIVE DATE OF 1935 AMENDMENT
Act Aug. 23, 1935, ch. 614, title II, § 201, 49 Stat. 703,
provided that the amendment made by that section is
effective Mar. 1, 1936.
Executive Documents
TRANSFER OF FUNCTIONS
For transfer of functions to Secretary of the Treas-
ury, see note under section 55 of this title.
§ 342. Deposits; exchange and collection; member
and nonmember banks or other depository
institutions; charges
Any Federal reserve bank may receive from
any of its member banks, or other depository in-
stitutions, and from the United States, deposits
of current funds in lawful money, national-bank
Source: Supplied 2024 U.S. Code historical extraction · 12 U.S.C. § 343
Stored review status: historical_2024_not_currentness_verified. The source passage cites 12 U.S.C. § 343. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** In this section, “agency” means the Financial Institutions Examination Council, the Board of Governors of the Federal Reserve System (in this section referred to as the “Board”), Federal reserve banks, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency.
**(b)** Under regulations of the Comptroller General, the Comptroller General shall audit an agency, but may carry out an onsite examination of an open insured bank or bank holding company only if the appropriate agency has consented in writing. Audits of the Board and Federal reserve banks may not include—
(1) transactions for or with a foreign central bank, government of a foreign country, or nonprivate international financing organization;
(2) deliberations, decisions, or actions on monetary policy matters, including discount window operations, reserves of member banks, securities credit, interest on deposits, and open market operations;
(3) transactions made under the direction of the Federal Open Market Committee; or
(4) a part of a discussion or communication among or between members of the Board and officers and employees of the Federal Reserve System related to clauses (1)–(3) of this subsection.
**(c)**
(1) Except as provided in this subsection, an officer or employee of the Government Accountability Office may not disclose information identifying an open bank, an open bank holding company, or a customer of an open or closed bank or bank holding company. The Comptroller General may disclose information related to the affairs of a closed bank or closed bank holding company identifying a customer of the closed bank or closed bank holding company only if the Comptroller General believes the customer had a controlling influence in the management of the closed
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 714
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.