12 U.S.C. § 3910 — Audit authority of Government Account-

Page 1578 TITLE 12—BANKS AND BANKING § 3909 (c) Other statutory authorities applicable (1) The authorities of the Federal banking agencies contained in section 1818 of this title and in section 3909 of this title, except those contained in section 3909(d) of this title, shall be applicable to this section. (2) No private right of action or claim for re- lief may be predicated upon this section. (Pub. L. 98–181, title I [title IX, § 909], Nov. 30, 1983, 97 Stat. 1281.) § 3909. General authorities (a) Rules and regulations (1) The appropriate Federal banking agencies are authorized to interpret and define the terms used in this chapter, and each appropriate Fed- eral banking agency shall prescribe rules or reg- ulations or issue orders as necessary to effec- tuate the purposes of this chapter and to pre- vent evasions thereof. (2) The appropriate Federal banking agency is authorized to apply the provisions of this chap- ter to any affiliate of an insured depository in- stitution, but only to affiliates for which it is the appropriate Federal banking agency, in order to promote uniform application of this chapter or to prevent evasions thereof. (3) For purposes of this section, the term ‘‘af- filiate’’ shall have the same meaning as in sec- tion 371c of this title, except that the term ‘‘member bank’’ in such section shall be deemed to refer to an ‘‘insured depository institution’’, as such term is defined in section 1813(c)(2) of this title. (b) Systems uniformity The appropriate Federal banking agencies shall establish uniform systems to implement the authorities provided under this chapter. (c) Existing authorities (1) The powers and authorities granted in this chapter shall be supplemental to and shall not be deemed in any manner to derogate from or restrict the authority of each appropriate Fed- eral banking agency under section 1818 of this title or any other law including the authority to require additional capital or reserves. (2) Any such authority may be used by any ap- propriate Federal banking agency to ensure compliance by a banking institution with the provisions of this chapter and all rules, regula- tions, or orders issued pursuant thereto. (d) Civil penalties; assessment and collection (1) Any banking institution which violates, or any officer, director, employee, agent, or other person participating in the conduct of the af- fairs of such banking institution, who violates any provision of this chapter, or any rule, regu- lation, or order, issued under this chapter, shall forfeit and pay a civil penalty of not more than $1,000 per day for each day during which such violation continues. (2) Such violations shall be deemed to be a vio- lation of a final order under section 1818(i)(2) of this title and the penalty shall be assessed and collected by the appropriate Federal banking agency under the procedures established by, and subject to the rights afforded to parties in, such section. (Pub. L. 98–181, title I [title IX, § 910], Nov. 30, 1983, 97 Stat. 1282; Pub. L. 109–351, title VII, § 713(b), Oct. 13, 2006, 120 Stat. 1995.) Editorial Notes AMENDMENTS 2006—Subsec. (a)(2). Pub. L. 109–351, § 713(b)(1), sub- stituted ‘‘insured depository institution’’ for ‘‘insured bank’’. Subsec. (a)(3). Pub. L. 109–351, § 713(b)(2), substituted ‘‘an ‘insured depository institution’, as such term is de- fined in section 1813(c)(2)’’ for ‘‘an ‘insured bank’, as such term is used in section 1813(h)’’. § 3910. Audit authority of Government Account- ability Office (a) Scope of audit (1) Under regulations of the Comptroller Gen- eral, the Comptroller General shall audit the ap- propriate Federal banking agencies (as defined in section 3902 of this title), but may carry out an onsite examination of an open insured bank or bank holding company only if the appropriate Federal banking agency has consented in writ- ing. (2) An audit under this subsection may include a review or evaluation of the international regu- lation, supervision, and examination activities of the appropriate Federal banking agency, in- cluding the coordination of such activities with similar activities of regulatory authorities of a foreign government or international organiza- tion. (3) Audits of the Federal Reserve Board and Federal Reserve banks may not include— (A) transactions for, or with, a foreign cen- tral bank, government of a foreign country, or nonprivate international financing organiza- tion; (B) deliberations, decisions, or actions on monetary policy matters, including discount window operations, reserves of member banks, securities credit, interest on deposits, or open market operations; (C) transactions made under the direction of the Federal Open Market Committee; or (D) a part of a discussion or communication among or between members of the Board of Governors of the Federal Reserve System and officers and employees of the Federal Reserve System related to subparagraphs (A) through (C) of this paragraph. (b) Limits on disclosure (1)(A) 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. (B) The Comptroller General may disclose in- formation related to the affairs of a closed bank or closed bank holding company identifying a customer of the closed bank or closed bank hold- ing company only if the Comptroller General be- lieves the customer had a controlling influence in the management of the closed bank or closed bank holding company or was related to or af- filiated with a person or group having a control- ling influence. Page 1579 TITLE 12—BANKS AND BANKING § 4001 (2) An officer or employee of the Government Accountability Office may discuss a customer, bank, or bank holding company with an official of an appropriate Federal banking agency and may report an apparent criminal violation to an appropriate law enforcement authority of the United States Government or a State. (3) This subsection does not authorize an offi- cer or employee of an appropriate Federal bank- ing agency to withhold information from a com- mittee of the Congress authorized to have the information. (c) Records, property, workpapers, correspond- ence, and documents; accessibility (1)(A) To carry out this section, all records and property of or used by an appropriate Fed- eral banking agency, including samples of re- ports of examinations of a bank or bank holding company the Comptroller General considers sta- tistically meaningful and workpapers and cor- respondence related to the reports shall be made available to the Comptroller General, including such records and property pertaining to the co- ordination of international regulation, super- visor and examination activities of an appro- priate Federal banking agency. (B) The Comptroller General shall give each appropriate Federal banking agency 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 necessary to carry out an audit. (C) Each appropriate Federal banking agency shall give the Comptroller General suitable and lockable offices and furniture, telephones, and access to copying facilities. (2) Except for the temporary removal of workpapers of the Comptroller General that do not identify a customer of an open or closed bank or bank holding company, an open bank, or an open bank holding company, all workpapers of the Comptroller General and records and property of or used by an appropriate Federal banking agency that the Comptroller General possesses during an audit, shall remain in such agency. The Comptroller General shall prevent unauthorized access to records or property. (Pub. L. 98–181, title I [title IX, § 911], Nov. 30, 1983, 97 Stat. 1282; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) Editorial Notes AMENDMENTS 2004—Subsec. (b)(1)(A), (2). Pub. L. 108–271 substituted ‘‘Government Accountability Office’’ for ‘‘General Ac- counting Office’’. § 3911. Equal representation for Federal Deposit Insurance Corporation and the Office of Thrift Supervision (a) In general As one of the 4 Federal bank regulatory and supervisory agencies, and as the insurer of the United States banks involved in international lending, the Federal Deposit Insurance Corpora- tion shall be given equal representation with the Board of Governors of the Federal Reserve Sys- tem and the Office of the Comptroller of the Currency on the Committee on Banking Regula- tions and Supervisory Practices of the Group of Ten Countries and Switzerland. (b) Office of Thrift Supervision As one of the 4 Federal bank regulatory and supervisory agencies, the Office of Thrift Super- vision shall be given equal representation with the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, and the Federal Deposit Insurance Corporation on the Committee on Banking Reg- ulations and Supervisory Practices of the Group of Ten Countries and Switzerland. (Pub. L. 98–181, title I [title IX, § 912], Nov. 30, 1983, 97 Stat. 1284; Pub. L. 109–351, title VII, § 713(a), Oct. 13, 2006, 120 Stat. 1995.) Editorial Notes AMENDMENTS 2006—Pub. L. 109–351 inserted ‘‘and the Office of Thrift Supervision’’ after ‘‘Federal Deposit Insurance Cor- poration’’ in section catchline, designated existing pro- visions as subsec. (a), inserted heading, substituted ‘‘As one of the 4’’ for ‘‘As one of the three’’, and added sub- sec. (b). § 3912. Repealed. Pub. L. 104–208, div. A, title II, § 2224(c), Sept. 30, 1996, 110 Stat. 3009–415 Section, Pub. L. 98–181, title I [title IX, § 913], Nov. 30, 1983, 97 Stat. 1284; Pub. L. 100–418, title III, § 3121(e), Aug. 23, 1988, 102 Stat. 1379, directed Secretary of the Treasury and certain Federal banking agencies to re- port to Congress, no later than 6 months after Nov. 30, 1983, regarding changes that could improve inter- national lending operations of banking institutions. CHAPTER 41—EXPEDITED FUNDS AVAILABILITY Sec. 4001. Definitions. 4002. Expedited funds availability schedules. 4003. Safeguard exceptions. 4004. Disclosure of funds availability policies. 4005. Payment of interest. 4006. Miscellaneous provisions. 4007. Effect on State law. 4008. Regulations and reports by Board. 4009. Administrative enforcement. 4010. Civil liability. § 4001. Definitions For purposes of this chapter— (1) Account The term ‘‘account’’ means a demand de- posit account or other similar transaction ac- count at a depository institution. (2) Board The term ‘‘Board’’ means the Board of Gov- ernors of the Federal Reserve System. (3) Business day The term ‘‘business day’’ means any day other than a Saturday, Sunday, or legal holi- day. (4) Cash The term ‘‘cash’’ means United States coins and currency, including Federal Reserve notes. (5) Cashier’s check The term ‘‘cashier’s check’’ means any check which—