12 U.S.C. § 1833c — Comptroller General audit and access to

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.) Page 1205 TITLE 12—BANKS AND BANKING § 1833e Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (a)(1), (b), and (c)(2), is Pub. L. 101–73, Aug. 9, 1989, 103 Stat. 183, known as the Financial Institutions Reform, Recovery, and En- forcement Act of 1989. For complete classification of this Act to the Code, see Short Title of 1989 Amend- ment note set out under section 1811 of this title and Tables. 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. § 1833d. Repealed. Pub. L. 102–242, title I, § 121(b), Dec. 19, 1991, 105 Stat. 2251 Section, Pub. L. 101–73, title XII, § 1215, Aug. 9, 1989, 103 Stat. 529, related to establishment of uniform cap- ital and accounting standards for federally-insured de- pository institutions. See section 1831n of this title. § 1833e. Equal opportunity (a) In general For purposes of this Act, Executive Order Numbered 11478, providing for equal employment opportunity in the Federal Government, shall apply to— (1) the Comptroller of the Currency; (2) the Federal Housing Finance Agency; and (3) the Federal Deposit Insurance Corpora- tion. (b) Affirmative program for equal employment opportunity For purposes of this Act, sections 1 and 2 of Executive Order Numbered 11478, providing for the adoption and implementation of equal em- ployment opportunity, shall apply to the Fed- eral Home Loan Banks, the Federal National Mortgage Association, and the Federal Home Loan Mortgage Corporation. (c) Solicitation of contracts The Federal Deposit Insurance Corporation, the Comptroller of the Currency, and the Fed- eral Housing Finance Agency, shall each pre- scribe regulations to establish and oversee a mi- nority outreach program within each such agen- cy to ensure inclusion, to the maximum extent possible, of minorities and women, and entities owned by minorities and women, including fi- nancial institutions, investment banking firms, underwriters, accountants, and providers of legal services, in all contracts entered into by the agency with such persons or entities, public and private, in order to manage the institutions and their assets for which the agency is respon- sible or to perform such other functions author- ized under any law applicable to such agency. (d) Report to Congress Before the end of the 180-day period beginning on August 9, 1989— (1) the Federal Deposit Insurance Corpora- tion; (2) the Comptroller of the Currency; (3) the Federal Housing Finance Board; (4) the Federal Home Loan Mortgage Cor- poration; and (5) the Federal National Mortgage Associa- tion, shall each submit to the Congress a report con- taining a complete description of the actions taken by such agency pursuant to subsections (a) and (b) and such recommendations for ad- ministrative and legislative action as each such agency may determine to be appropriate to carry out the purposes of such subsection. (Pub. L. 101–73, title XII, § 1216, Aug. 9, 1989, 103 Stat. 529; Pub. L. 102–233, title III, § 302(a), Dec. 12, 1991, 105 Stat. 1767; Pub. L. 110–289, div. A, title II, § 1216(g), July 30, 2008, 122 Stat. 2793; Pub. L. 111–203, title III, § 367(9), July 21, 2010, 124 Stat. 1557.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (a) and (b), is Pub. L. 101–73, Aug. 9, 1989, 103 Stat. 183, known as the Finan- cial Institutions Reform, Recovery, and Enforcement Act of 1989. For complete classification of this Act to the Code, see Short Title of 1989 Amendment note set out under section 1811 of this title and Tables. Executive Order Numbered 11478, referred to in sub- secs. (a) and (b), is set out as a note under section 2000e of Title 42, The Public Health and Welfare. 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. Pub. L. 110–289, div. A, title II, § 1216(g), which di- rected amendment of section 1216 of the ‘‘Financial In- stitutions Reform, Recovery, and Enhancement Act of 1989’’, was executed to this section, which is section 1216 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, to reflect the probable in- tent of Congress. See 2008 Amendment notes below. AMENDMENTS 2010—Subsec. (a)(2). Pub. L. 111–203, § 367(9)(A)(iii), (iv), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: ‘‘the Director of the Of- fice of Thrift Supervision;’’. Subsec. (a)(3). Pub. L. 111–203, § 367(9)(A)(iv), redesig- nated par. (4) as (3). Former par. (3) redesignated (2). Pub. L. 111–203, § 367(9)(A)(i), inserted ‘‘and’’ at the end. Subsec. (a)(4). Pub. L. 111–203, § 367(9)(A)(iv), redesig- nated par. (4) as (3). Pub. L. 111–203, § 367(9)(A)(ii), substituted a period for the semicolon at the end. Subsec. (a)(5), (6). Pub. L. 111–203, § 367(9)(A)(iii), struck out pars. (5) and (6) which read as follows: ‘‘(5) the Thrift Depositor Protection Oversight Board of the Resolution Trust Corporation; and ‘‘(6) the Resolution Trust Corporation.’’ Subsec. (c). Pub. L. 111–203, § 367(9)(B), substituted ‘‘and the Federal Housing Finance Agency,’’ for ‘‘the Director of the Office of Thrift Supervision, the Federal Housing Finance Agency, the Thrift Depositor Protec- tion Oversight Board of the Resolution Trust Corpora- tion, and the Resolution Trust Corporation’’. Subsec. (d)(3) to (8). Pub. L. 111–203, § 367(9)(C), redes- ignated pars. (4), (7), and (8) as (3) to (5), respectively, and struck out former pars. (3), (5), and (6) which read as follows: ‘‘(3) the Director of the Office of Thrift Supervision; ‘‘(5) the Thrift Depositor Protection Oversight Board of the Resolution Trust Corporation; ‘‘(6) the Resolution Trust Corporation;’’. 2008—Subsec. (a)(3). Pub. L. 110–289, § 1216(g)(1), added par. (3) and struck out former par. (3) which read as fol- lows: ‘‘the Federal home loan banks;’’. See Codification note above. Subsec. (b). Pub. L. 110–289, § 1216(g)(2), substituted ‘‘Federal Home Loan Banks, the Federal National