Laws: Cases and Codes : U.S. Code : Title 12 : Section 3910


   
U.S. Code as of: 01/19/04
Section 3910. Audit authority of General Accounting Office

    (a) Scope of audit
      (1) Under regulations of the Comptroller General, the Comptroller
    General shall audit the appropriate 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 writing.
      (2) An audit under this subsection may include a review or
    evaluation of the international regulation, supervision, and
    examination activities of the appropriate Federal banking agency,
    including the coordination of such activities with similar
    activities of regulatory authorities of a foreign government or
    international organization.
      (3) Audits of the Federal Reserve Board and Federal Reserve banks
    may not include - 
        (A) transactions for, or with, a foreign central bank,
      government of a foreign country, or nonprivate international
      financing organization;
        (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 General Accounting 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 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 General Accounting 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 officer or employee of
    an appropriate Federal banking agency to withhold information from
    a committee of the Congress authorized to have the information.
    (c) Records, property, workpapers, correspondence, and documents;
      accessibility
      (1)(A) To carry out this section, all records and property of or
    used by an appropriate Federal banking agency, including samples 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 Comptroller General, including such records and
    property pertaining to the coordination of international
    regulation, supervisor and examination activities of an appropriate
    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.



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