12 U.S.C. § 1833b — Comparability in compensation sched-

Page 1203 TITLE 12—BANKS AND BANKING § 1833b 1 So in original. Probably should be ‘‘Research, the Bureau of Consumer Financial Protection, and the’’. under this section, the Attorney General may— (A) administer oaths and affirmations; (B) take evidence; and (C) by subpoena, summon witnesses and re- quire the production of any books, papers, correspondence, memoranda, or other records which the Attorney General deems relevant or material to the inquiry. Such subpoena may require the attendance of wit- nesses and the production of any such records from any place in the United States at any place in the United States designated by the Attorney General. (2) Procedures applicable The same procedures and limitations as are provided with respect to civil investigative de- mands in subsections (g), (h), and (j) of section 1968 of title 18 apply with respect to a sub- poena issued under this subsection. Process re- quired by such subsections to be served upon the custodian shall be served on the Attorney General. Failure to comply with an order of the court to enforce such subpoena shall be punishable as contempt. (3) Limitation In the case of a subpoena for which the re- turn date is less than 5 days after the date of service, no person shall be found in contempt for failure to comply by the return date if such person files a petition under paragraph (2) not later than 5 days after the date of service. (h) Statute of limitations A civil action under this section may not be commenced later than 10 years after the cause of action accrues. (Pub. L. 101–73, title IX, § 951, Aug. 9, 1989, 103 Stat. 498; Pub. L. 101–647, title XXV, §§ 2533, 2596(d), Nov. 29, 1990, 104 Stat. 4882, 4908; Pub. L. 103–322, title XXXIII, § 330003(g), Sept. 13, 1994, 108 Stat. 2141; Pub. L. 104–208, div. A, title II, § 2704(d)(15)(A), Sept. 30, 1996, 110 Stat. 3009–494; Pub. L. 107–100, § 4(b), Dec. 21, 2001, 115 Stat. 966; Pub. L. 109–171, title II, § 2102(b), Feb. 8, 2006, 120 Stat. 9; Pub. L. 109–173, § 9(g)(1), Feb. 15, 2006, 119 Stat. 3618.) Editorial Notes CODIFICATION Section was enacted as part of the Financial Institu- tions Reform, Recovery, and Enforcement Act of 1989, and not as part of the Federal Deposit Insurance Act which comprises this chapter. AMENDMENTS 2006—Subsec. (b)(3)(B). Pub. L. 109–173 inserted ‘‘and after the merger of such funds, the Deposit Insurance Fund,’’ after ‘‘the Savings Association Insurance Fund,’’. Pub. L. 109–171 repealed Pub. L. 104–208, § 2704(d)(15)(A). See 1996 Amendment note below. 2001—Subsec. (c). Pub. L. 107–100, § 4(b)(2)(D), des- ignated concluding provisions as (d) and inserted head- ing. Subsec. (c)(2). Pub. L. 107–100, § 4(b)(2)(B)(i), which di- rected the substitution of ‘‘1341’’ for ‘‘1341;’’, could not be executed because par. (2) does not contain a semi- colon after ‘‘1341’’. Subsec. (c)(3). Pub. L. 107–100, § 4(b)(2)(A), (B)(ii), (C), added par. (3). Subsecs. (d) to (h). Pub. L. 107–100, § 4(b)(1), (2)(D), des- ignated concluding provisions of subsec. (c) as (d), in- serted heading, and redesignated former subsecs. (d) to (g) as (e) to (h), respectively. 1996—Subsec. (b)(3)(B). Pub. L. 104–208, § 2704(d)(15)(A), which directed substitution of ‘‘Deposit Insurance Fund’’ for ‘‘Bank Insurance Fund, the Savings Associa- tion Insurance Fund,’’, was repealed by Pub. L. 109–171. See Effective Date of 1996 Amendment note below and 2006 Amendment note above. 1994—Subsec. (c). Pub. L. 103–322 amended directory language of Pub. L. 101–647, § 2596(d). See 1990 Amend- ment note below. 1990—Subsec. (c). Pub. L. 101–647, § 2596(d)(2), as amended by Pub. L. 103–322, inserted at end a flush sen- tence ‘‘This section shall apply to violations occurring on or after August 10, 1984.’’ Subsec. (c)(2). Pub. L. 101–647, § 2596(d)(1), as amended by Pub. L. 103–322, which directed insertion of ‘‘287, 1001, 1032,’’ before ‘‘1341;’’, was executed by making the insertion before ‘‘1341 or 1343’’ to reflect the probable intent of Congress. Subsec. (g). Pub. L. 101–647, § 2533, added subsec. (g). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–173 effective Mar. 31, 2006, see section 9(j) of Pub. L. 109–173, set out as a note under section 24 of this title. Amendment by Pub. L. 109–171 effective no later than the first day of the first calendar quarter that begins after the end of the 90-day period beginning Feb. 8, 2006, see section 2102(c) of Pub. L. 109–171, set out as a Merger of BIF and SAIF note under section 1821 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–208 effective Jan. 1, 1999, if no insured depository institution is a savings asso- ciation on that date, see section 2704(c) of Pub. L. 104–208, formerly set out as a note under section 1821 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–322, title XXXIII, § 330003(g), Sept. 13, 1994, 108 Stat. 2141, provided that the amendment made by that section is effective retroactively to the date of en- actment of Pub. L. 101–647, which was approved Nov. 29, 1990. § 1833b. Comparability in compensation sched- ules (a) In general The Federal Deposit Insurance Corporation, the Comptroller of the Currency, the National Credit Union Administration Board, the Federal Housing Finance Agency, the Office of Financial Research, and the Bureau of Consumer Finan- cial Protection, the 1 Farm Credit Administra- tion, in establishing and adjusting schedules of compensation and benefits which are to be de- termined solely by each agency under applicable provisions of law, shall inform the heads of the other agencies and the Congress of such com- pensation and benefits and shall seek to main- tain comparability regarding compensation and benefits. (b) Commodity Futures Trading Commission In establishing and adjusting schedules of compensation and benefits for employees of the Commodity Futures Trading Commission under Page 1204 TITLE 12—BANKS AND BANKING § 1833c applicable provisions of law, the Commission shall— (1) inform the heads of the agencies referred to in subsection (a) and Congress of such com- pensation and benefits; and (2) seek to maintain comparability with those agencies regarding compensation and benefits. (Pub. L. 101–73, title XII, § 1206, Aug. 9, 1989, 103 Stat. 523; Pub. L. 102–233, title III, § 302(a), Dec. 12, 1991, 105 Stat. 1767; Pub. L. 107–123, § 8(d)(3), Jan. 16, 2002, 115 Stat. 2400; Pub. L. 107–171, title X, § 10702(b), May 13, 2002, 116 Stat. 516; Pub. L. 111–203, title I, § 152(d)(3), title III, § 367(8), July 21, 2010, 124 Stat. 1414, 1557.) Editorial Notes CODIFICATION Section was enacted as part of the Financial Institu- tions Reform, Recovery, and Enforcement Act of 1989, and not as part of the Federal Deposit Insurance Act which comprises this chapter. AMENDMENTS 2010—Subsec. (a). Pub. L. 111–203, § 367(8)(B), which di- rected striking out ‘‘, and the Office of Thrift Super- vision’’ could not be executed because those words did not appear subsequent to amendment by Pub. L. 111–203, § 152(d)(3)(B). See below. Pub. L. 111–203, § 367(8)(A), which directed substi- tution of ‘‘Agency, and’’ for ‘‘Board, the Oversight Board of the Resolution Trust Corporation’’, was exe- cuted by substituting ‘‘Agency’’ for ‘‘Board’’ after ‘‘Federal Housing Finance’’, to reflect the probable in- tent of Congress and the amendments made by Pub. L. 107–123 and section 302(a) of Pub. L. 102–233. See 2002 Amendment note and Change of Name note below. Pub. L. 111–203, § 152(d)(3), substituted ‘‘Finance Board, the Office of Financial Research, and the Bureau of Consumer Financial Protection’’ for ‘‘Finance Board,’’ and struck out ‘‘and the Office of Thrift Super- vision,’’ after ‘‘Credit Administration,’’. 2002—Pub. L. 107–171 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). Pub. L. 107–123 struck out ‘‘the Thrift Depositor Pro- tection Oversight Board of the Resolution Trust Cor- poration’’ after ‘‘Federal Housing Finance Board,’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Oversight Board redesignated Thrift Depositor Pro- tection Oversight Board, effective Feb. 1, 1992, see sec- tion 302(a) of Pub. L. 102–233, formerly set out as a note under section 1441a of this title. Thrift Depositor Pro- tection Oversight Board abolished, see section 14(a)–(d) of Pub. L. 105–216, formerly set out as a note under sec- tion 1441a of this title. EFFECTIVE DATE OF 2010 AMENDMENT Amendment by section 152(d)(3)of Pub. L. 111–203 ef- fective 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. Amendment by section 367(8) 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. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–123 effective Oct. 1, 2001, see section 11 of Pub. L. 107–123, set out as a note under section 78ee of Title 15, Commerce and Trade. § 1833c. Comptroller General audit and access to records (a) Audit of agencies or other persons per- forming functions under banking laws (1) In general Except as provided in paragraph (2), all agencies, corporations, organizations, and other persons of any description which per- form any function or activity under this Act, or any other Act which is amended by this Act, shall be subject to audit by the Comp- troller General of the United States with re- spect to such function or activity. (2) Exceptions Paragraph (1) shall not apply to— (A) any function or activity of the Board of Governors of the Federal Reserve System or the Federal Reserve banks that is de- scribed in any paragraph of section 714(b) of title 31; and (B) any function or activity of the Federal National Mortgage Association, except as provided in section 1723a(j) of this title. (b) Audit of persons providing certain goods or services All persons and organizations which, by con- tract, grant, or otherwise, provide goods or serv- ices to, or receive financial assistance from, any agency or other person performing functions or activities under this Act shall be subject to audit by the Comptroller General with respect to such provision of goods or services or receipt of financial assistance. (c) Provisions applicable to audits under this section (1) Nature and scope of audit The Comptroller General shall determine the nature, scope, and terms and conditions of audits conducted under this section. (2) Coordination with other provisions of law The authority of the Comptroller General under this section shall be in addition to any audit authority available to the Comptroller General under other provisions of this Act or any other law. (3) Rights of access, examination, and copying The Comptroller General, and any duly au- thorized representative of the Comptroller General, shall have access to, and the right to examine and copy, all records and other re- corded information in any form, and to exam- ine any property, within the possession or con- trol of any agency or person which is subject to audit under this section which the Comp- troller General deems relevant to an audit conducted under this section. (4) Enforcement of right of access The Comptroller General’s right of access to information under this section shall be en- forceable pursuant to section 716 of title 31. (5) Maintenance of confidential records The provisions of section 716(e) of title 31 shall apply to information obtained by the Comptroller General under this section. (Pub. L. 101–73, title XII, § 1213, Aug. 9, 1989, 103 Stat. 528.)